Sri Prabhakar Rao vs State Bank Of India
2023 Latest Caselaw 6533 Kant

                                              -1-
                                                           NC: 2023:KHC:33278
                                                         MFA No. 7892 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH DAY OF SEPTEMBER, 2023

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 7892 OF 2019 (CP)
                   BETWEEN:
                   SRI PRABHAKAR RAO
                   AGED ABOUT 45 YEARS
                   S/O. SRI. ESWAR RAO
                   NO.567/3, 75TH CROSS
                   6TH BLOCk, RAJAJINAGAR,
                   BANGALORE-560010.                             ... APPELLANT

                   (BY SRI. PRITHVI RAJ B N.,ADVOCATE)

                   AND:
                   1.     STATE BANK OF INDIA
                          A GOVERNMENT OF INDIA UNDERTAKING
                          HAVING ITS HEAD OFFICE AT NO.646
                          K.G.ROAD, BANGALORE-560009
                          HAVING ITS BRANCH AT KUMARAPARK
                          (01626) NO.159, I MAIN ROAD
Digitally signed
by                        SESHADRIPURAM BANGALORE-560020
DHANALAKSHMI              REP. BY ITS BRANCH MANAGER.
MURTHY
Location: High
Court of           2.     STATE BANK OF INDIA
Karnataka                 RETAIL ASSETS PROCESSING CENTRE, (RACPC)
                          RACPC BZ-1, MALLESHWARAM, NO.97
                          RAILWAY PARALLEL ROAD, KUMARAPARK WEST
                          BANGALORE-560020
                          DULY REPRESENTED BY ITS CHIEF MANAGER.

                   3.    M/S. EAGLE ASSOCIATES
                         RECOGNIZED SEIZURE AGENTS, SBI
                         NO.1667/(9/2), 10TH MAIN, A BLOCK
                         NEAR EAST WEST SCHOOL, RAJAJINAGAR
                         2ND STAGE, BANGALORE-560010.      ...RESPONDENTS
                             -2-
                                        NC: 2023:KHC:33278
                                     MFA No. 7892 of 2019




(NOTICE TO R1 & R2 ARE SERVED AND UNREPRESENTE)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SEC.104 OF CPC, AGAINST THE ORDER DATED:07.9.2019
PASSED ON IA NO.1 AND 2 IN O.S.NO.803/2019 ON THE FILE
OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-36), REJECTING IA NO.1 FILED U/O.39
RULE 1 AND 2 OF CPC AND ALSO ALLOWING IA NO.2 FILED
U/O.39 RULE 4 OF CPC.

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

1. Learned counsel for the appellant has filed a memo

dated 08.09.2023 stating that the suit filed by the

appellant / plaintiff has been disposed of before the trial

Court. Hence, the appeal has become infructuous.

2. Memo dated 08.09.2023 is taken on record.

3. In view of the above, the appeal is dismissed as

having become infructuous.

Sd/-

JUDGE

HA