Mr Thomas M Koleth v. Mr B Chandrashekar Reddy
Case brief
What is this about?
Karnataka High Court RFA 469/2023 (Thomas M Koleth v. Chandrashekar Reddy & ors.) — appeal against money-recovery decree dated 15.11.2014 in OS No.4191/2013 dismissed as withdrawn on appellant's memo; Order IX Rule 13 CPC application (Misc. No.78/2020) and execution petition by respondents 1–4 pending before XXXI Addl. City Civil & Sessions Judge (CCH-14), Bangalore; deposited amount withdrawal flagged; I.A.Nos.1/2023, 2/2023, 1/2024 infructuous; no merits holding; statutes: Order 41 Rule 1 r/w Section 96 CPC, Order IX Rule 13 CPC; decided 15.01.2025; coram V Kameswar Rao (author) and S Rachaiah.
What did the court decide?
Appeal dismissed as withdrawn on the memo filed by learned counsel for the appellant. Pending I.A.Nos.1/2023, 2/2023 and 1/2024 became infructuous. No relief on merits; the parties' arrangement stands that Misc.No.78/2020 (Order IX Rule 13 CPC) will be argued before the trial court with the execution petition to be pressed subject to its outcome, and respondent Nos.1 to 4 are to seek withdrawal of the amount deposited by the appellant.