Defendants challenged the first appellate court's remand order directing them to deposit Rs.2,00,000 as fixed deposit before contesting a money-recovery suit afresh. The High Court held the conditional deposit was just and proper to establish their bona fides and dismissed the second appeal.
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NC: 2024:KHC:36144 MSA No. 77 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 77 OF 2021
BETWEEN:
BOTH ARE R/AT NO.399, RAMAMANDIRA ROAD, B.BETTANAHALLI VILLAGE, TALAKAD HOBLI, T.N.PURA TALUK, MYSURU DISTRICT-571122.
…APPELLANTS
(BY SRI. MANJUNATHA K., ADVOCATE) AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
SRI. K. VEERENDRA SINHA RAJE URS S/O LATE KANTHARAJE URS, AGED ABOUT 42 YEARS, NO.276, 1ST STAGE, 12 CROSS, J.P.NAGARA, 'B' BLOCK, MYSURU-571122.
…RESPONDENT (BY SRI. Y. V. PRAKASH, ADVOCATE)
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 20.04.2021 PASSED IN RA.NO. 247/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISPOSING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 02.08.2018 PASSED IN OS.NO. 348/2016 ON THE FILE OF THE I ADDITIONAL I CIVIL JUDGE AND JMFC., MYSURU, DECREEING THE SUIT FOR RECOVERY OF MONEY REMANDING BACK TO THE TRIAL COURT FOR FRESH DISPOSAL.
NC: 2024:KHC:36144 MSA No. 77 of 2021
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Heard Sri. Manjunatha K., learned counsel for the appellant and Sri.Y.V. Prakash for the contesting respondent.
the first appellate court in R.A.No.247/2019.
NC: 2024:KHC:36144 MSA No. 77 of 2021
sum of Rs.2,00,000/- which shall be fixed deposit and the suit to be tried afresh in accordance with the law after affording sufficient opportunity for the appellants to contest the suit.
direction of the first appellate court in directing the depositing of sum of Rs.2,00,000/- which shall be further kept in fixed deposit.
However, for the reasons best known to the appellants herein, they did not further chose to contest the suit either by cross examining the PW1 or leading the defendants' evidence. Thereafter, learned judge in the first appellate court, in order to afford a fair opportunity for the appellants herein, allowed the appeal of the appellants with a direction to deposit sum of Rs.2,00,000/-, which shall be kept in the fixed deposit in the nationalized bank to earn the interest to the successful party to withdraw, had allowed the appeal. It is that direction, which is under challenge by the defendants.
enjoyed by the appellants after the thorough trial. If no assets are available in the hands of the appellants herein, left behind by Mahadevaiah, it is always open for the defendants to establish the same in the trial before the trial court. Until such time to establish the bonafides of the appellants, direction issued by the first appellate court to deposit sum of Rs.2,00,000/- which shall be kept fixed deposit is just and proper.
Hence, the following order.
ORDER
(i) Appeal is merit less and is hereby dismissed
(ii) No order as to the cost.
NC: 2024:KHC:36144 MSA No. 77 of 2021
(iii) Parties shall appear before the trial court without further notice positively on 23.09.2024 and thereafter the trial
court shall proceed with the case in accordance with the law.
Time to deposit of sum of Rs.2,00,000/- is hereby
extended till 21.09.2024.
Sd/(V SRISHANANDA)
JUDGE
AKV List No.: 1 Sl No.: 38 CT:SK
1 issue framed by the court
Whether the first appellate court's direction to deposit Rs.2,00,000 in fixed deposit as a condition for remitting the suit was sustainable.
1 provisions across 1 enactments
Smt. Nagamma w/o Late Mahadevaiah B.M
Sri. Giri Prasad s/o Late Mahadevaiah B M
Sri. K. Veendra Sinha Raje Urs
V Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
