Dismissed¶35

M/S. Guru Nikhara Finance Corporation (R) v. Sri. Ramamurthy G

Karnataka HC18 Mar 2026RFA/2753/2025

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru; RFA No. 2753 of 2025 (MON); Section 96 CPC; withdrawal of appeal with liberty; ex-parte decree setting aside; OS.No.6066/2023; suit for recovery of money; XLII Additional City Civil and Sessions Judge; M/s. Guru Nikhara Finance Corporation (R) and Smt. B. Bharathi v. Ramamurthy G.; dismissed as withdrawn; pending applications closed; decided 18.03.2026; judgment per Tara Vitasta Ganju with Anu Sivaraman on the bench.

What did the court decide?

Appeal permitted to be withdrawn as prayed for, with liberty to file an application before the Trial Court for setting aside the ex-parte decree, in accordance with law; all pending applications closed. ¶35

M/S. Guru Nikhara Finance Corporation (R) Vs Sri. Ramamurthy G — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:16044-DB RFA No. 2753 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2026

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

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THE HON'BLE MS. JUSTICE TARA VITASTA GANJU REGULAR FIRST APPEAL NO. 2753 OF 2025 (MON)

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BETWEEN:

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M/S. GURU NIKHARA FINANCE CORPORATION (R) REPRESENTED BY ITS AUTHORISED SIGNATORY

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SRI. KODANDARAM.P S/O S.A.PILLAIAH AGED ABOUT 65 YEARS NO.27, 10^TH MAIN, SRINAGAR

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BANASHANKARI 1^ST STAGE

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BENGALUREU-560 050

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Digitally signed by RAKSHA Location: High Court of Karnataka

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SMT. B. BHARATHI W/O KODANDARAM.P AGED ABOUT 60 YEARS NO.27, 10^TH MAIN, SRINAGAR BANASHANKARI 1^ST STAGE BENGALURU-560 050

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…APPELLANTS

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(BY SRI. SHESHADRI H. S., ADVOCATE)

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NC: 2026:KHC:16044-DB RFA No. 2753 of 2025

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HC-KAR

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AND:

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SRI. RAMAMURTHY G. S/O R. GOPALAN AGED ABOUT 54 YEARS R/AT NO.2102, NANDI DEEPA APARTMENT, OFF BANNERGHATTA ROAD,

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KAMANAHALLI

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BENGALURU SOUTH- 560 076

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…RESPONDENT

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(BY MS. NIDHI A. PATIL, ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.04.2024 PASSED IN OS.NO.6066/2023 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR RECOVERY OF MONEY.

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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 ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU

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NC: 2026:KHC:16044-DB RFA No. 2753 of 2025

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU)

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After arguing the matter for sometime, learned

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counsel for the appellants seeks leave of the Court to withdraw the present appeal with liberty to file an application for setting aside the ex-parte decree passed against them, before the Trial Court.

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2. The appeal is dismissed as withdrawn with liberty

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as prayed for, albeit in accordance with law.

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