Sri M Shiva Kumar vs Nabard Financial Services Limited
2023 Latest Caselaw 8227 Kant

Karnataka High Court

Sri M Shiva Kumar vs Nabard Financial Services Limited on 23 November, 2023

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                   -1-
                                                          NC: 2023:KHC:42391-DB
                                                             RFA No. 1581 of 2019




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 23RD DAY OF NOVEMBER, 2023

                                              PRESENT

                             THE HON'BLE MR JUSTICE P.S.DINESH KUMAR

                                                   AND

                        THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                        REGULAR FIRST APPEAL NO. 1581 OF 2019 (MON)

                      BETWEEN:

                      SRI. M. SHIVA KUMAR
                      S/O LATE C. MALLAIAH
Digitally signed by   AGED ABOUT 59 YEARS
ANUSHA V
                      EXECUTIVE DIRECTOR
Location: HIGH
COURT OF              KARNATAKA INTEGRATED
KARNATAKA             DEVELOPMENT SOCIETY (KIDS)
                      T.V.V. EXTENSION
                      MADHUGIRI-572 132.
                      TUMKUR DISTRICT
                      KARNATAKA STATE                                 ...APPELLANT

                      (BY SHRI. P.H. RAMALINGAM, ADVOCATE [ABSENT])

                      AND:

                      NABARD FINANCIAL SERVICES LIMITED
                      OFFICE AT 190, RASTHTRIYA VIDYALAYA ROAD
                      NEAR VIJAYA COLLEGE
                      JAYANAGAR 2ND BLOCK
                      BENGALURU-560 004.

                      REPRESENTED BY ITS SENIOR MANAGER
                      SRI. RANJAN PRASAD
                      AGED ABOUT 31 YEARS                          ...RESPONDENT

                            THIS RFA IS FILED UNDER ORDER XLI RULE 1 R/W SEC.96
                      OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED
                      10.04.2019 PASSED IN OS.NO.786/2016 ON THE FILE OF THE LVI
                      ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
                      PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.

                            THIS RFA, COMING ON FOR ORDERS, THIS              DAY,
                      P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
                                      -2-
                                                NC: 2023:KHC:42391-DB
                                                   RFA No. 1581 of 2019




                                JUDGMENT

This appeal is of the year 2019 and it is listed for

fifth time for non-compliance of office objections.

None appears for the appellant. On the last date of

hearing, it is recorded thus,

"Shri Ranjith, learned advocate appearing for the appellant submits that appellant has taken back the file and seeks two weeks' time to file necessary memo.

Granted. Call on 23.11.2023."

2. In the circumstance, it appears that appellant is

not interested in prosecuting this appeal. Accordingly,

this appeal is dismissed for non-prosecution.

3. In view of disposal of this appeal, pending

interlocutory applications, if any, do not survive for

consideration and they stand disposed of.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV