The Karnataka Bank Limited vs H C Duggappa Gowda
2023 Latest Caselaw 7128 Kant

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                                                         NC: 2023:KHC:36514
                                                       RSA No. 1561 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 9TH DAY OF OCTOBER, 2023

                                           BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                        REGULAR SECOND APPEAL NO. 1561 OF 2018 (MON)

                   BETWEEN:

                   1.    THE KARNATAKA BANK LIMITED
                         A BANKING COMPANY INCORPORATED UNDER
                         THE INDIAN COMPANIES ACT, 1913,
                         HAVING ITS REGISTERED AND HEAD OFFICE
                         AT MAHAVEERA CIRCLE, KANKANADY,
                         MANGALURU-575 002 AND A BRANCH OFFICE
                         AMONGST OTHERS AT RAMAKRISHNAPURA
                         THIRTHAHALLI TALUK, SHIMOGGA DISTRICT,
                         REPRESENTED BY ITS BRANCH MANAGER
                         SRI SRINIVASA H.K.
                                                                  ...APPELLANT
                                 [BY SRI GANESH A., ADVOCATE]
                   AND:

                   1.     H.C. DUGGAPPA GOWDA
Digitally signed
by SHARANYA T             S/O CHINNANNA GOWDA,
Location: HIGH            SINCE DECEASED BY LRS,
COURT OF
KARNATAKA
                   1(a) SMT.DAMAYANTHI
                        W/O LAKSHMANA,
                        AGED ABOUT 55 YEARS,
                        R/AT AHUTHI HOSAHALLI,
                        MUDIGERE TALUK,
                        CHIKMAGALUR DISTRICT-577179.

                   1(b) SMT. JAYANTHI
                        W/O NAGARAJ,
                        AGED ABOUT 53 YEARS
                        R/AT KUSUGOLLI,
                        GUNAVANTHE POST,
                           -2-
                                      NC: 2023:KHC:36514
                                    RSA No. 1561 of 2018




     KOPPA TALUK,
     CHIKMAGALUR DISTRICT-577126.

1(c) SMT. SUJANTHI
     W/O RAMESH,
     AGED ABOUT 51 YEARS
     R/AT GURUVANTHE ROAD,
     KOPPA TOWN,
     CHIKMAGALURU TALUK,
     CHIKMAGALURU DISTRICT-577126.

1(d) SMT. SUKANTHI
     W/O SUBRAMANYA,
     AGED ABOUT 49 YEARS
     R/AT CHIKMAGALURU
     CHIKMAGALURU DISTRICT-577101.

1(e) SMT.BHARATHI,
     W/O DINESH,
     AGED ABOUT 47 YEARS
     R/AT BILUVE, KUDUMALLIGE POST,
     THIRTHAHALLI TALUK-577232.

2.   SRI J.D.ASHOK
     S/O H.C.DUGGAPPA GOWDA,
     AGED ABOUT 50 YEARS
     R/AT JATTINAMAKKI,
     DEVANGI POST, MUTTUR HOBLI,
     THIRTHAHALLI TALUK-577435.
                                         ...RESPONDENTS

        [BY SRI S.V.PRAKASH, ADVOCATE FOR R2;
            R1(a), R1(b) R1(c), R1(d) & R1(e)]

     THIS RSA IS FILED U/S. 100 OF CPC., R/W ORDER XLII
OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD
21.03.2018 PASSED IN R.A.NO.25/2014 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND THIRTHAHALLI, DISMISSING THE
APPEAL FILED AGAINST THE JUDGEMENT AND DECREE DTD
06.02.2014 PASSED IN O.S.NO. 66/2011 ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE AND JMFC., THIRTHAHALLI.
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                                            NC: 2023:KHC:36514
                                         RSA No. 1561 of 2018




    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

Learned counsel for the appellant has filed a memo

stating that dispute has been amicably settled between the

parties and consequently, the defendant No.2 has remitted a

sum of Rs.3,25,000/- towards full and final settlement of the

claim of the appellant. Hence, the appeal may be dismissed as

settled out of Court.

Accordingly, the appeal is dismissed as the matter is

settled out of Court.

The Registry is directed to refund the Court fee in

accordance with law on proper identification.

Sd/-

JUDGE

ST