Smt Jayatnhi H S v. P Prashanth
Case brief
What is this about?
RFA No. 2047 of 2017; Karnataka High Court (HC-KAR); NC: 2026:KHC:1500; M.G.S. Kamal J; 12.01.2026; Regular First Appeal under Section 96 CPC dismissed as withdrawn; withdrawal memo as appeal settled out of Court; challenge to order dated 20.09.2017 on IA.No.IV in execution case Ex.No.122/2012 before Principal Senior Civil Judge and CJM, Shivamogga; IA.No.4 under Order 41 Rule 59 read with Section 151 CPC treated as under Order 21 Rule 59 CPC; objection under Order 21 Rule 58(3) read with Section 151 CPC; release of amount deposited vide Order dated 08.12.2017 in favour of respondent No. 1 subject to satisfaction of identity; notice to R2 by paper publication (v/o 19.12.2023); no precedent cited.
What did the court decide?
Appeal dismissed as withdrawn (matter settled out of Court, per memo of appellant's counsel unopposed by respondent No. 1's counsel); amount deposited before this Court vide Order dated 08.12.2017 to be released in favour of Respondent No. 1 subject to satisfaction of his identity.