Dismissed¶30

S v. Padmaprasad v Karnataka State Financial Corporation

Karnataka HC28 Jul 2025MFA/5490/2025

Case brief

AI extract

What is this about?

Withdrawal of miscellaneous first appeal (Order 43 Rule 1 CPC); suit O.S.No.11/2015 (declaration and permanent injunction) before Senior Civil Judge and JMFC, H.D.Kote dismissed on 02.4.2025; appeal dismissed as withdrawn with liberty to file fresh appeal within two weeks; parties: S.V. Padmaprasad (Chandranatha Brick Industries) v. Karnataka State Financial Corporation and S.V. Shivaram; bench: Hon'ble Mr. Justice Hanchate Sanjeevkumar; decided 28-07-2025; NC: 2025:KHC:28890.

What did the court decide?

Appeal dismissed as withdrawn; liberty reserved to the appellant to file a fresh appeal before the appropriate authority/Court within a period of two weeks. ¶30

S v Padmaprasad Vs Karnataka State Financial Corporation — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:28890 MFA No. 5490 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.5490 OF 2025 (CPC)

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BETWEEN:

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S.V.PADMAPRASAD SON OF A.V.VASANTHARAJAIAH, AGED ABOUT 43 YEARS, RESIDING AT SY. NO.83/1, SARAGURU, HD KOTE TALUK, MYSORE DISTRICT THE THAN MANAGING PARTNER, M/S CHANDRANATHA BRICK INDUSTRIES.

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…APPELLANT

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(BY SRI. PRASIDDARAJ, ADVOCATE)

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AND:

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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KARNATAKA STATE FINANCIAL CORPORATION A BODY CORPORATE ESTABLISHED UNDER THE STATE FINANCIAL CORPORATION ACT 1951, HAVING ITS HEAD OFFICE AT NO.1/1, THIMMAIAH ROAD, BENGALURU – 560 001 BRANCH OFFICE NO.2761, 1^ST FLOOR, SOWRABHA CHEMBERS, LASHKAR MOHALLA, SRI HARSHA ROAD, MYSORE – 570 009. REPRESENTED BY THE ASSISTANT GENERAL MANAGER G V CHANDRAKUMAR.

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S V SHIVARAM, SON OF P VENKATACHALAIAH, AGED ABOUT 51 YEARS, RESIDING AT NO. MIG-938,

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2 - NC: 2025:KHC:28890 MFA No. 5490 of 2025

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HC-KAR

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20^TH CROSS, 1^ST STAGE,

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D-BLOCK, JP NAGAR, MYSORE – 570 008.

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…RESPONDENTS

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THIS MFA FILED U/O 43 RULE 1 OF CPC, AGAINST THE ORDER DATED 02.4.2025 PASSED IN OS.NO.11/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., H.D.KOTE, DISMISSING THE SUIT IS FILED FOR THE RELIEF OF THE DECLARATION AND PERMANENT INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo

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seeking to withdrawal of the appeal with liberty to file fresh appeal before the appropriate authority/Court.

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The said memo is allowed.