In this Review of Judgment passed under Section 96 CPC, the appellant challenged a recovery decree for a consumer loan. The High Court heard submissions that the Bank lacked records, had waived the loan, and had not executed the decree, rendering it inexecutable. The court accepted these submissions and disposed of the appeal.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2022
BEFORE
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
R.F.A NO.107 OF 2008(MON)
BETWEEN:
B.B GANAPATHY S/O BORE GOWDA AGED 54 YEARS C/O COFFEE BOARD, AMBEDKAR VEEDHI BANGALORE-560001
...APPELLANT
(BY SRI.B RAMESH, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.SUPREETH S, ADVOCATE FOR R1; V/O DTD 14.10.2008, NOTICE TO R2 IS D/W;
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R3 IS SERVED BUT UNREPRESENTED)
THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 18.07.2007 PASSED IN OS.NO.6460/1999 ON THE FILE OF THE IX ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE, CCH.NO.10, DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This captioned appeal is filed by the first defendant-
appellant assailing the money decree passed in O.S.No.4576/2009.
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counsel for the first respondent-Bank, the appeal stands disposed of.
Sd/JUDGE
*alb/-
1 provisions across 1 enactments
B.B GANAPATHY
THE DHANALAKSHMI BANK LIMITED
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
