Karnataka High Court
Karnataka State Financial ... vs Moulvi Nissarahmed on 22 June, 2023
Bench: V.Srishananda
-1-
RSA No. 1023 of 2007
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
REGULAR SECOND APPEAL NO. 1023 OF 2007 (DEC-)
BETWEEN:
1. KARNATAKA STATE
FINANCIAL CORPORATION
BY ITS MANAGING DIRECTOR,
NO.1/1, THIMMAIAH ROAD,
BANGALORE-560 052.
2. KARNATAKA STATE
FINANCIAL CORPORATION,
REP. BY ITS REGIONAL MANAGER
RAYAPUR, DHARWAD- 580001.
...APPELLANTS
(BY SRI. SHARAD V. MAGADUM, ADVOCATE)
AND:
1. MOULVI NISSARAHMED
SAROJA SAYYED RASHID AHMED,
HANGARAKI
PROP. RUBEENA PHARMACEUITCALS, NAGASHETTIKOPPA,
Digitally signed by HUBLI,
SAROJA
HANGARAKI
Date: 2023.06.23 SINCE DECEASED BY HIS LRS
15:30:44 -0700
1A. DR. (MRS) SADIYA MOULVI W/O. MOULVI,
NISSARAHMED, AGED ABOUT 43 YEARS,
OCC: SERVICE, R/O: NAGASHETTIKOPPA,
HUBLI- 580020.
1B. MR. NADEEM MOULVI S/O. MOULVI NISSARAHMED,
AGE: 29 YEARS, OCCUPATION: STUDENT,
R/O: NAGASHETTY KOPPA,
HUBLI- 580020.
1C. MISS. NOORAIN FATIMA MOULVI,
-2-
RSA No. 1023 of 2007
D/O. MOULVI NISSARAHMED,
AGED ABOUT 29 YEARS, OCCUPATION: STUDENT,
R/O: NAGASHETTI KOPPA,
HUBLI- 580020.
1D. MISS. ZAINAB MOULVI D/O. MOULVI NISSARAHMED,
AGED ABOUT 18 YEARS,
PRESENTLY STUDYING AT ZEDDAH,
ADDRESS OF R1D NOT KNOWN.
...RESPONDENTS
(BY SRI. SURESH N. KINI, ADVOCATE FOR R1A-R1D)
THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION
100 OF CPC AGAINST THE JUDGMENT AND DECREE DT.8.12.2006
PASSED IN R.A.NO.11/2001 ON THE FILE OF THE PRL. CIVILJUDGE
(SR.DN), HUBLI, PARTLY ALLOWING THE APPEAL AND SETTING
ASIDE THE JUDGMENT AND DECREE DT.7.11.2000 PASSED IN
O.S.NO.244/1984 ON THE FILE OF THE III ADDL. CIVIL JUDGE
(JR.DN), HUBLI.
THIS REGULAR SECOND APPEAL, COMING ON FOR FINAL
HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants has filed a memo.
Memo reads as under:
"That the appellant corporation in the top
noted Appeal has filed the challenging the
judgment and decree in R.A. 11 of 2001. The
Appellant corporation by letter dated 20/6/2023
bearing No.KSFC/BO/DWR/280/2023-24 informed
that the corporation is agreed to settle the account
of Respondent/ M/s. Rubina Pharmaceuticals for a
sum of Rs. 5.00 lakhs (Rupees five Lakhs only) as
full and final settlement of the case. Hence it is
prayed that the Hon'ble Court may be pleased to
pass appropriate order in the matter, in the
interest of justice and equity.
Hence this memo."
RSA No. 1023 of 2007
2. Sri.Suresh N Kini seeks a day's accommodation
to find out whether the offer made by the appellants could
be accepted or not. He submits that he is unable to
contact the respondents who are residing abroad.
3. Memo is taken on record. In view of the memo
filed by the counsel for the appellants, the substantial
question of law raised while admitting the appeal would
now render insignificant. Accordingly, following order is
passed:
ORDER
The appeal stands disposed off as the appellants are
ready to pay Rs.5,00,000/- to the respondents.
The appellants shall deposit a sum of Rs.5,00,000/-
before the trial Court within a period of two months from
today.
Sd/-
JUDGE
