- 1 - NC: 2025:KHC:1446-DB RFA No.1379/2013 C/W RFA No.1380/2013 RFA No.1739/2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL REGULAR FIRST APPEAL NO.1379/2013 (MON) C/W REGULAR FIRST APPEAL NO.1380/2013 (MON) REGULAR FIRST APPEAL NO.1739/2013 (MON) IN R.F.A. No.1379/2013: BETWEEN: 1. SRI. ESHWARA RAJU S/O LATE TOYS LINGAIAH AGED ABOUT 54 YEARS NO.2194, 3RD CROSS KUVEMPUNAGAR CHANNAPATNA-57151. 2. SRI. B. MANJUNATH S/O LATE BORAPPA AGED ABOUT 50 YEARS R/AT 2234/3, I CROSS KUVEMPUNAGAR CHANNAPATNA-571501. …APPELLANTS (BY SRI. ESHWARA RAJU AND SRI. B. MANJUNATH, APPELLANTS (ABSENT)) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1446-DB RFA No.1379/2013 C/W RFA No.1380/2013 RFA No.1739/2013 AND: 1. SRI. N.G. SUBRAMANYA SHETTY S/O LATE SRI. GOVINDARAJA SHETTY AGED ABOUT 63 YEARS MERCHANT R/ATNO.2161, 5TH CROSS KUVEMPUNAGAR CHANNAPATNA-571501. 2. M/S. SRI. VYBHAVA FINANCE CORPORATION (R) REP. BY ITS MANAGING PARTNER SRI. NAGARAJAN N. S/O LATE NARASIMHA UPADHYA AGED ABOUT 50 YEARS R/AT NO.2108/10, 8TH CROSS KUVEMPUNAGAR EXTENSION CHANNAPATNA-571501. 3. SRI. Y.R. VENKATARAMU AGED ABOUT 52 YEARS S/O Y.V. RAMASWAMY 2ND MAIN, VIVEKANANDA NAGAR HONGIRANA, SRI. RAMAKRUPA 6TH CROSS DOWN, NO.2645 CHANNAPATNA-571501. …RESPONDENTS (BY SRI. BHASKARA HEGGADE C K, ADV., FOR R1 R2 & R3 SERVICE OF NOTICES D/W V.C.O.DT:06.11.2019) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.5.2013 PASSED IN O.S.NO.71/2012 (OLD NO.408/2008) ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. - 3 - NC: 2025:KHC:1446-DB RFA No.1379/2013 C/W RFA No.1380/2013 RFA No.1739/2013 IN R.F.A. NO.1380/2013: BETWEEN: 1. SRI. ESHWARA RAJU S/O LATE TOYS LINGAIAH AGED ABOUT 54 YEARS NO.2194, 3RD CROSS KUVEMPUNAGAR CHANNAPATNA-571 501. 2. SRI. B. MANJUNATH S/O LATE BORAPPA AGED ABOUT 50 YEARS R/AT NO.2234/3 I CROSS, KUVEMPUNAGAR CHANNAPATNA-571 501. ...APPELLANTS (BY SRI. ESHWARA RAJU AND SRI. B. MANJUNATH, APPELLANTS (ABSENT)) AND: 1. SRI. K.J. RAMAPRIYA S/O SRI. K.R. JANARDHAN IYANGAR AGED ABOUT 50 YEARS BAKERY BUSINESS R/AT NO.2242/7-1 M G ROAD CROSS SHANTHAPPA BLOCK CHANNAPATNA -571501. 2. M/S. SRI. VYBHAVA FINANCE CORPORATION (R) REPRESENTED BY ITS MANAGING PARTNER SRI. NAGARAJAN N S/O LATE NARASIMHA UPRADHYA AGED ABOUT 50 YEARS R/AT NO.2108/10, 8TH CROSS KUVEMPUNAGAR EXTENSION CHANNAPATNA-571 501. - 4 - NC: 2025:KHC:1446-DB RFA No.1379/2013 C/W RFA No.1380/2013 RFA No.1739/2013 3. SRI. Y.R. VENKATARAMU AGED ABOUT 52 YEARS S/O Y.V. RAMASWAMY 2ND MAIN, VIVEKANANDA NAGAR HONGIRANA, SRI RAMAKRUPA 6TH CROSS DOWN, N.2645 CHANNAPATNA-571 501. ...RESPONDENTS (BY SRI. N. SUBBA SHASTRY, ADV., FOR R1 R2 & R3 SERVICE OF NOTICES D/W V.C.O.DT:14.03.2016) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 31.5.2013 PASSED IN O.S.NO.49/2012 (OLD NO.358/2008) ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY. IN R.F.A. NO.1739/2013: BETWEEN: 1. SRI. ESHWARA RAJU S/O LATE TOYS LINGAIAH AGED ABOUT 54 YEARS NO.2194, 3RD CROSS KUVEMPUNAGAR CHANNAPATNA-571501. 2. SRI. B. MANJUNATH S/O LATE BORAPPA AGED ABOUT 50 YEARS RESIDING AT NO.2234/3 1 CROSS, KUVEMPUNAGAR CHANNAPATNA-571501. ...APPELLANTS (BY SRI. ESHWARA RAJU AND SRI. B. MANJUNATH, APPELLANTS (ABSENT)) - 5 - NC: 2025:KHC:1446-DB RFA No.1379/2013 C/W RFA No.1380/2013 RFA No.1739/2013 AND: 1. VENKATESH, SINCE DEAD BY HIS LRS. 1(a) SMT. JAYALAKSHMAMMA W/O LATE SRI. VENKATESHA AGED ABOUT 51 YEARS. 1(b) SRI. SATISH S/O LATE SRI. VENKATESHA AGED ABOUT 35 YEARS. 1(c) SRI. SRINIVASAS S/O LATE SRI. VENKATESHA AGED ABOUT 34 YEARS. 1(d) SMT. JAYASHEELA D/O LATE SRI. VENKATESHA AGED ABOUT 32 YEARS. ALL ARE RESIDING AT DOOR NO.2330/A, 10TH CROSS KUVEMPUNAGARA CHANNAPATNA TOWN-571 501. 2. M/S. SRI. VYBHAVA FINANCE CORPORATION (R) REPRESENTED BY ITS MANAGING PARTNER SRI. NAGARAJAN N S/O LATE NARASIMHA UPRADHYA AGED ABOUT 50 YEARS RESIDING AT NO.2108/10, 8TH CROSS KUVEMPUNAGAR EXTENSION CHANNAPATNA-571 501. 3. SRI. Y.R. VENKATARAMU AGED ABOUT 52 YEARS S/O Y.V. RAMASWAMY 2ND MAIN, VIVEKANANDA NAGAR HONGIRANA, SRI RAMAKRUPA 6TH CROSS DOWN, NO.2645 CHANNAPATNA-571 501. ...RESPONDENTS - 6 - NC: 2025:KHC:1446-DB RFA No.1379/2013 C/W RFA No.1380/2013 RFA No.1739/2013 (BY SRI. D.K. SRIRAMAPPA, ADV., FOR R1(A-D) R2 & R3 SERVICE OF NOTICES D/W V.C.O.DT:06.11.2019) THIS RFA IS FILED U/SEC 96 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 3.8.2013 PASSED IN O.S.NO.86/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, CHANNAPATNA, RAMANAGAR DISTRICT, DECREEING THE SUIT FOR RECOVERY OF MONEY. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellants filed a memo for retirement dated 09.11.2022 stating that he has returned the entire file along with NOC vakalath to appellant No.1, who has acknowledged the same even on behalf of appellant No.2. Appellant No.1 has also signed the memo for retirement. 2. This Court vide order dated 14.06.2024, issued emergent notice to the appellants and the said notice is served on the appellants as per the report of the Registry. - 7 - NC: 2025:KHC:1446-DB RFA No.1379/2013 C/W RFA No.1380/2013 RFA No.1739/2013 3. The appellants are called out, absent. There is no representation for the appellants. 4. Learned counsel Sri. Ravindranath K., is permitted to retire from the case. 5. It appears that the appellants are not interested in prosecuting the appeals. Hence, the appeals are dismissed for non prosecution Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 19