Appeal dismissed for being infructuous. The court observed that the appeal does not survive for consideration without further elaboration on reasons.
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MSA No. 14 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR MISCELLANEOUS SECOND APPEAL NO. 14 OF 2017 (RO)
BETWEEN:
Digitally signed by GAYATHRI P G Location: High Court of Karnataka
…APPELLANTS
(BY SRI. G BALAKRISHNA SHASTRY, ADVOCATE)
AND:
VIJAYA BANK A BODY CORPORATE CONSTITUTED UNDER BANKING COMPANIES ACQUISITION AND TRANSFER OF UNDERTAKINGS ACT 1980, HAVING ITS REGISTERED OFFICE SITUATED AT MAHATHMA GANDHI ROAD, BANGALORE - 560 001 AND ITS BRANCH ALL OVER INDIA AND HAVING ONE SUCH BRANCH AT PUTTUR TOWN
MSA No. 14 of 2017
PUTTUR TALUK, D K DISTRICT AND THIS BRANCH IS REPRESENTED BY ITS BRANCH MANAGER GPA HOLDER AND PRINCIPAL OFFICER SRI ITTOOP BABU I G AGED ABOUT 49 YEARS S/O I P ITTOOP R/AT PUTTUR KASBA VILLAGE PUTTUR TALUK D K - 574 201.
…RESPONDENT
MSA FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.11.2016 PASSED IN RA NO.41/2015 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, AT PUTTUR, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 16.11.2015 PASSED IN UNNUMBERED O.S. OF 2014 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, PUTTUR, AND REMANDING THE MATTER BACK TO THE TRIAL COURT FOR FRESH ADJUDICATION OF THE SUIT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellants submits that this appeal
does not survive for consideration.
Accordingly, appeal is dismissed as having become
infructuos.
GPG
Sd/JUDGE
JOHAN J RANJITH
SAL I JOSEPH
VIJAYA BANK
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
