Smt Prathibha Athrey vs Karnataka State Financial Corporation
2024 Latest Caselaw 15662 Kant

Karnataka High Court

Smt Prathibha Athrey vs Karnataka State Financial Corporation on 3 July, 2024

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                                                 NC: 2024:KHC:25005-DB
                                                   RFA No. 535 of 2020




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 3RD DAY OF JULY, 2024

                                      PRESENT
                      THE HON'BLE MR JUSTICE V KAMESWAR RAO
                                         AND
                          THE HON'BLE MR JUSTICE C M JOSHI
                       REGULAR FIRST APPEAL NO. 535 OF 2020
                BETWEEN:

                SMT. PRATHIBHA ATHREY,
                D/O LATE K.P.SUBBANNA,
                AGED ABOUT 46 YEARS,
                R/AT NO.351, I A CROSS ROAD,
                IV BLOCK, BASAVESHWARANAGAR,
                WEST OF CHORD ROAD,
                EXTENSION, III STAGE,
                BANGALORE - 560 079.
                                                          ...APPELLANT
                (BY SRI. PRAVEEN KUMAR N K., ADVOCATE)

                AND:
Digitally
signed by K G   1.   KARNATAKA STATE FINANCIAL CORPORATION
RENUKAMBA            A BODY CORPORATE ESTABLISHED UNDER
Location:            THE STATE FINANCIAL CORPORATION ACT, 1951
High Court of
Karnataka            (CENTRAL ACT, NO.LXIII OF 1951),
                     HAVING ITS HEAD OFFICE AT NO.1/1,
                     THIMMAIAH ROAD,
                     BENGALURU - 560 052,
                     REPRESENTED BY ITS MANAGER.

                2.   M/S MATHRU POLYMERS PRIVATE LIMITED
                     A PRIVATE LIMITED COMPANY INCORPORATED
                     UNDER THE COMPANIES ACT, 1956,
                     HAVING ITS REGISTERED OFFICE
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                                  NC: 2024:KHC:25005-DB
                                   RFA No. 535 of 2020




     AT "MATHRUCHAYA",
     787, 61ST CROSS, 5TH BLOCK,
     RAJAJINAGAR, BENGALURU-560010.

3.   SRI. G.RAMESH ATHREY,
     S/O A.R.GOPAL RAO,
     AGED ABOUT 51 YEARS,

4.   SRI. G.SREENIVAS ATHREY,
     S/O A.R.GOPAL RAO,
     AGED ABOUT 47 YEARS,

5.   SRI. A.R.GOPAL RAO,
     S/O A. RAM RAO,
     AGED ABOUT 81 YEARS

6.   SMT. A.LEELAPAL,
     W/O A.R.GOPAL RAO,
     AGED ABOUT 75 YEARS,

     RESP. NO.3 TO 6,
     RESIDING AT "MATHRUCHAYA",
     NO.351, 1A CROSS,
     III STAGE, 4TH BLOCK,
     BASAVESHWARANAGAR,
     BENGALURU - 560 079.
                                     ...RESPONDENTS
(BY DR.T SOMASHEKAR., ADVOCATE FOR R1,
   R3 TO R6 ARE SERVED AND UNREPRESENTED,
   R2 - NOTICE NOT COMPLETED)

     THIS RFA IS FILED UNDER SECTION 96 OF CPC.,
AGAINST THE ORDER DATED 24.01.2020 PASSED           IN
EX.NO. 863/2016 ON THE FILE OF THE III ADDITIONAL CITY
CIVIL COURT, BENGALURU REJECTING THE APPLICATION
FILED BY THE APPELLANT HEREIN FILED UNDER ORDER XXI
RULE 58 OF CPC AND ETC.,

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
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                                          NC: 2024:KHC:25005-DB
                                           RFA No. 535 of 2020




                            JUDGMENT

Learned counsel for the appellant has drawn our

attention to the memo of withdrawal dated 27.06.2024 to

contend that the appellant wishes to withdraw the appeal

as the inter-se dispute between the appellant and

respondent No.1/contesting party has been settled out of

the Court.

2. In view of the contents of the memo of

withdrawal, the appeal is dismissed as withdrawn.

3. In view of the dismissal of the main appeal,

I.A.No.1/2020 does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE