Appellant filed a first appeal under Section 96(1) and Order 41 CPC. Matter was settled between parties. Appellant stated appeal was no longer pressed. Court disposed of the appeal as not pressed.
Appeal dismissed as not pressed due to settlement between parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
REGULAR FIRST APPEAL No.1053 OF 2018
BETWEEN:
SMT. AMBIKA VIRUPAKSHA WIFE OF VIRUPAKSHA, AGED ABOUT 55 YEARS, R/AT NO. 8, PREMIER ELITE, FLAT NO. 003, 5TH MAIN, 2ND STAGE, KUMARASWAMY LAYOUT, BENGLAURU - 560 078.
...APPELLANT
(BY SRI. KEMPANNA, ADVOCATE)
AND:
1 . SRI. D.K. SHRIRAM S/O. SRI. NARAYANA RAO, AGED ABOUT 70 YEARS, R/AT NO. 11/5, OLD MARKET ROAD, V.V. PURAM, BENGLAURU - 560 004.
2 . STATE BANK OF INDIA REGIONAL BUSINESS OFFICE, NO. 31/1, KANAKA'S PRIDE, BULL TEMPLE ROAD, BENGALURU - 560 004,
2
RFA 1053/2018
REPRESENTED BY ITS REGIONAL MANAGER
3 . THE ASSISTANT GENERAL MANAGER STATE BANK OF INDIA, NO. 65, BANGALORE HEAD OFFICE, ST. MARKS ROAD, SHANTHALA NAGAR, ASHOK NAGAR, BENGALURU - 560 001. 4 . THE MANAGER STATE BANK OF INDIA, NO. 30, MISSION ROAD, BENGALURU - 560 027.
...RESPONDENTS
(BY SRI GAJENDRA S. ADVOCATE FOR R1; SRI B.N. TULSI KUMAR, ADVOCATE FOR R4)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96(1) READ WITH ORDER 41 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 31.05.2018, PASSED IN O.S. NO.2426/2016, BY V ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-13) AND THEREBY DISMISS THE APPLICATION UNDER ORDER 7 RULE 11(d) of CPC AND REMIT BACK THE SUIT O.S.2426/2016 TO V ADDL. CITY CIVIL JUDGE, BENGALURU (CCH-13) FOR DISPOSAL AFRESH ON MERITS.
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS ALONG WITH I.A.2/2018 THROUGH VIDEO CONFERENCING / PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
RFA 1053/2018
3
ORDER
Learned counsels from both side appear through video conference.
Perused the memo for withdrawal filed by the appellant and heard submissions from both side.
In view of the fact that the appellant has stated in the memo that the matter has been settled between the parties amicably and hence he would not like to continue the present appeal and also in view of the fact that learned counsels from both side have made the supporting submission in that regard, the appeal stands disposed of as not pressed.
In view of the disposal of the appeal, I.A.2/2018 does not survive for consideration.
Sd/-
sac*
2 provisions across 1 enactments
SMT. AMBIKA VIRUPAKSHA
SRI. D.K. SHRIRAM
STATE BANK OF INDIA REGIONAL BUSINESS OFFICE
THE ASSISTANT GENERAL MANAGER STATE BANK OF INDIA
THE MANAGER STATE BANK OF INDIA
Dr. JUSTICE H.B.PRABHAKARA SASTRY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
