Dismissed¶25

Sri. Divakara v. Karnataka Bank Ltd.

Karnataka HC23 Aug 2025RFA/1360/2023

Case brief

AI extract

What is this about?

Divakara v. Karnataka Bank Ltd., RFA No. 1360 of 2023 (MON), High Court of Karnataka (Bengaluru), decided 23.08.2025, Justice K.S. Hemalekha (oral judgment). Withdrawal of appeal against money-recovery decree of 19.04.2023 in O.S.No.8443/2017 (V Additional City Civil Court, Bengaluru); memo citing seizure of appellant's vehicle by the bank; appeal dismissed as withdrawn. Keywords: withdrawal of appeal, memo, Section 96 CPC, Order 41 Rule 1 CPC, recovery of money suit.

What did the court decide?

Permission to withdraw the appeal; appeal dismissed as withdrawn. ¶25

Sri. Divakara Vs Karnataka Bank Ltd. — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:33162 RFA No. 1360 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF AUGUST, 2025 BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.1360 OF 2023 (MON)

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BETWEEN:

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SRI DIVAKARA AGED ABOUT 43 YEARS, S/O SRI ANANTHA, R/AT NO.145, 3^RD MAIN ROAD, 1^ST CROSS, AMCO LAYOUT, SAHAKARANAGAR, BENGALURU-560092.

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…APPELLANT

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(BY SRI C. GANGARAJU, ADVOCATE)

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AND:

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KARNATAKA BANK LTD., HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT MAHAVEERA CIRCLE, KANKANADY, MANGALORE.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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BRANCH OFFICE AMONGST OTHERS, SAHAKARANAGAR, D.NO.2257, D. BLOCK, KODIGEHALLI MAIN ROAD, OPPOSITE STERLING APARTMENTS, SAHAKARANAGAR, BENGALURU-560092. REP. BY ITS SENIOR BRANCH MANAGER, SRI DEEPAK N.L.

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…RESPONDENT

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(RESPONDENT SERVED)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 19.04.2023 PASSED IN O.S.NO.8443/2017 ON THE FILE OF V ADDITIONAL CITY CIVIL COURT AT BENGALURU (CCH NO.13) DECREEING THE SUIT FOR RECOVERY OF MONEY.

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NC: 2025:KHC:33162 RFA No. 1360 of 2023

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HC-KAR

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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 MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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Learned counsel for the appellant submits that the appellant does not want to prosecute the appeal. He files a memo to withdraw the appeal. The memo reads as under:-

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“The undersigned counsel for the appellant submit that, the appellant vehicle is seized by respondent-Bank. Hence, the appellant not proceed the above said appeal. Hence this Hon’ble Court may be pleased to permit me withdraw the above said appeal in the interest of justice.”

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Memo is taken on record.

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Appeal is dismissed as withdrawn.

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Sd/-

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____________________ JUSTICE K.S. HEMALEKHA

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CKL

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List No.: 1 Sl No.: 36

Sri. Divakara v. Karnataka Bank Ltd.

Case brief

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Sri. Divakara v. Karnataka Bank Ltd.

Case brief

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