The High Court of Karnataka dismissed a regular second appeal against a judgment and decree as withdrawn, noting that the appellants had deposited the decretal amount in an execution petition.
Discharged the appellants' regular second appeal as withdrawn due to deposit of decretal amount in execution petition.
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 9TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 1757 OF 2012 (MON)
BETWEEN:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…APPELLANTS (BY SRI.N.KRISHNANANDA GUPTA.,ADVOCATE)
AND:
…RESPONDENTS
(BY SMT.K.SAVITHA, ADVOCATE FOR R1, SRI.MAHANTESH SHETTAR, AGA FOR R2)
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 17.4.2012 PASSED IN R.A.NO.9/2011 ON THE FILE OF SENIOR CIVIL JUDGE & PRINCIPAL JMFC, TARIKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 30.11.2010 PASSED IN OS.NO.94/2010 ON THE FILE OF CIVIL JUDGE AND JMFC, N.R.PURA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants have filed a
memo stating that the appellants aggrieved by the judgment and decree dated 17.04.2012 passed in R.A
No.9/2011 and the judgment and decree dated 31.11.2010 passed in O.S.No.94/2010 filed their second appeal. The 1st respondent filed execution petition in Ex.P.No.2/2021 under which in the said execution petition, the appellants have deposited the decreetal amount together with interest i.e., total sum of Rs.3,67,564/-. In view of the depositing of decreetal amount in execution petition, nothing survives for consideration. The appeal does not survive for consideration and accordingly prayed to dismiss the appeal as withdrawn, memo is placed on record. The appeal is dismissed as withdrawn.
RHS List No.: 1 Sl No.: 11
Sd/JUDGE
Mangalore Electricity Supply Company Ltd.
Smt. Vishala
The State Government of Karnataka
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
