Canara Bank v. Sri M.G. Kini (M.Ganapathi Kini)

Karnataka HC29 Jul 2025RFA/5/2007

Case brief

AI extract

What is this about?

Dismissal of Regular First Appeal for non-prosecution; appellant Canara Bank unrepresented at hearing despite revised list; Section 96 CPC appeal against judgment and decree dated 28.08.2006 in O.S.No.8731/1996 (suit for declaration) of XXIV Addl. City Civil Judge, Bangalore City; respondents M.G. Kini, Manjeshwar Pravin Kini and Mangalore Poornima Pai; all pending applications disposed of; keywords: non-prosecution, dismissal in limine, RFA, Karnataka High Court, 2025.

What did the court decide?

Despite the list being revised, no one appeared for the appellant. ¶31-32

Canara Bank Vs Sri M.G. Kini (M.Ganapathi Kini) — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:29150-DB RFA No. 5 of 2007

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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 29^TH DAY OF JULY, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI AND

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THE HON'BLE MR. JUSTICE UMESH M ADIGA REGULAR FIRST APPEAL NO. 5 OF 2007 (DEC)

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BETWEEN:

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Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA

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CANARA BANK, A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDER TAKINGS) ACT, 1970, WITH ITS HEAD OFFICE AT NO.112, J.C.ROAD, BANGALORE - 560 002, AND BRANCH OFFICES CALLED ASSET RECOVERY MANAGEMENT BRANCH, AT III FLOOR, SPENCER'S TOWER, NO.86, M.G.ROAD, BANGALORE - 560 001, REPRESENTED BY ITS SENIOR MANAGER SRI. V.S. SHANBHOGUE

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…APPELLANT

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(BY SRI. PADUBIDRI MOHAN RAO, ADVOCATE (ABSENT))

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AND:

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SRI M.G. KINI (M.GANAPATHI KINI) S/O M. GOVINDA KINI, AGED ABOUT 74 YEARS, RESIDING AT NO.3004, 12^TH A MAIN, H.A.L II STAGE, INDIRANAGAR,

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2 - NC: 2025:KHC:29150-DB RFA No. 5 of 2007

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HC-KAR

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BANGALORE - 560 038.

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DR MANJESHWAR PRAVIN KINI S/O SRI. M.G. KINI (M. GANAPATHI KINI) THE 1^ST RESPONDENT, MAJOR, R/AT NO.3004, 12TH 'A' MAIN, H.A.L II STAGE, INDIRANAGAR, BANGALORE - 560 038.

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SMT. MANGALORE POORNIMA PAI W/O MANGALORE VASANTH PAI AND D/O M.G. KINI (M. GANAPATHI KINI) THE 1^ST RESPONDENT, MAJOR, RESIDING AT NO.5, RAJA BARIS APARTMENTS, CHENNAI - 600 012, TAMIL NADU STATE.

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…RESPONDENTS

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(BY SMT. GEETANJALI P, ADVOCATE FOR SRI. G.K.V MURTHY, ADVOCATE FOR R1; SRI. ABHINAV R, ADVOCATE FOR R2 AND R3)

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THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 28.08.2006 PASSED IN OS.NO.8731/1996 ON THE FILE OF THE XXIV ADDL.CITY CIVIL JUDGE, BANGALORE CITY (CCH.NO.6), DISMISSING THE SUIT FOR DECLARATION.

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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 JAYANT BANERJI and HON'BLE MR. JUSTICE UMESH M ADIGA

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NC: 2025:KHC:29150-DB RFA No. 5 of 2007

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HC-KAR

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ORAL JUDGMENT

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