St Marys Kalamane and Arekal Estates v. Peter J R Prabhu
Case brief
What is this about?
Withdrawal of appeal; MFA under Order 43 Rule 1(r) r/w Section 151 CPC; challenge to order dated 05.04.2024 on I.A.No.1 (Order XXXIX Rules 1 and 2) in O.S.No.10/2021, Senior Civil Judge and JMFC, Mudigere; interim injunction sought against respondent No.3, Recovery Officer, Debt Recovery Tribunal-I, Chennai; statutory bar to impleading/injunction against Recovery Officer noted in W.P.No.18774/2024; appeal held infructuous and dismissed as withdrawn on memo dated 10.07.2025; no merits adjudicated, no citations; Karnataka High Court, Justice Ramachandra D. Huddar, 15.07.2025.
What did the court decide?
Upon the memo dated 10.07.2025 filed by learned counsel for the appellant seeking withdrawal of the appeal (which recited that the coordinate writ W.P.No.18774/2024 had been dismissed with observations that a Recovery Officer cannot be made a party and injunction cannot issue against respondent No.3 due to a statutory bar, rendering the appeal infructuous), the Court took the memo on record and dismissed the Miscellaneous First Appeal as withdrawn; no substantive issue was adjudicated.