Regular first appeal against a money-recovery decree. Appellants filed a memo for withdrawal stating that the entire decretal amount had been settled and fully satisfied in the connected execution proceedings. The appeal was dismissed as withdrawn.
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NC: 2024:KHC:20457-DB RFA No. 417 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 417 OF 2019 (MON)
BETWEEN:
REPERESENTED BY:
Digitally signed by NANDINI R Location: High Court of Karnataka
S/O LATE RAJENDRA DPRASAD AGED MAJOR, CURRENT PROPRIETOR OF M/S LAKSHMI METAL WORKS, 68/1-2, "LAKSHMI COMPLEX" INDUSTRIAL SUBURB, YESHAWANTHPUR, BANGALORE-560 022.
NC: 2024:KHC:20457-DB RFA No. 417 of 2019
OF M/S LAKSHMI METAL WORKS, 68/-2, "LAKSHMI COMPLEX", INDUSTRIAL SUBURB, YESHAWANTHPUR, BANGALORE-560 022.
…APPELLANTS
(BY SRI NARENDRA PRAKASH.R, ADVOCATE FOR SRI HANUMANTHARAYA D, ADVOCATE)
AND:
M/S ARIHANTA METAL COMPANY, (THROUGH ITS AUTHORISED REPRESENTATIVE/SPA HOLDER), SIDDARTH BAID, S/O VIMAL SINGH BAID, AGED ABOUT 40 YEARS, NO.4403, GALI LOTTAN JAT, LPAHARI DHIRAJ, SADAR BAZAR, DELHI-110 006.
…RESPONDENT
(BY SRI KESHAVA.K, ADVOCATE)
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 09.01.2019 PASSED IN OS.NO.7829/2014 ON THE FILE OF THE XIX ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
NC: 2024:KHC:20457-DB RFA No. 417 of 2019
JUDGMENT
Learned counsel for the appellants has filed a memo for withdrawal of the present appeal, which reads as under:
"I the undersigned counsel for appellant most respectfully submit as follows:
The appellants most respectfully submits that this Appeal is directed against the judgment and decree dated 09.01.2019 passed in OS.No. 7829/2014 on the file of the XIX Addl. City Civil and Sessions Judge, Bangalore City decreeing the suit for recovery of money.
Further the Appellants submits that the decree holder/Respondent in the OS.No. 7829/2014 preferred an execution petition against the Judgment Debtor/Appellant in Ex.1885/2019 before XIX AddI. City Civil and Sessions Judge, Bangalore City and in that matter the settlement memo was filed by the decree holder /Respondent stating that "Counsel for the Decree Holder filed memo submitting that the entire award amount has been fully satisfied".
Hence by virtue of this memo dated 23-03-2023 the entire amount was settled by the Appellant to Respondent.
The appellant is hereby producing the memo through this memo for withdrawal.
WHEREFORE, the appellant most respectfully prays that this Hon'ble Court be pleased to permit the
appellant to withdraw the above Regular First Appeal in the interest of justice and equity."
learned counsel for the appellants, the appeal is dismissed
as withdrawn.
Sd/JUDGE
Sd/JUDGE
NR/List No.: 1 Sl No.: 24
1 provisions across 1 enactments
M/s Lakshmi Metal Works
S.K. Rajashekar
Smt. Janaki Reddy
M/s Arihanta Metal Company (through its authorised representative/SPA holder Siddarth Baid)
V Kameswar Rao
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
