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2025 DAILYLAW 50815 (KAR)

THE DAVANAGERE URBAN CO-OPERATIVE BANK LTD., v. B PALAKSHAPPA

RP/238/2025 · 2025-11-24

K S Hemalekha

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48713 RP No. 238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REVIEW PETITION NO.238 OF 2025 BETWEEN: THE DAVANAGERE URBAN CO-OPERATIVE BANK LTD., HAVING ITS REGISTERED OFFICE AT P.B.ROAD, MAHATMA GANDHI CIRCLE, DAVANAGERE-577005 REPRESENTED BY ITS GENERAL MANAGER MALLESH. &PETITIONER (BY SRI BASAVARAJ T., ADVOCATE) AND: 1. B. PALAKSHAPPA S/O B. KURUVATTEPPA, AGED ABOUT 75 YEARS, RESIDING AT SRI BASAVESHWARA RICE MILL COMPOUND, SHIMOGA ROAD, MAJENAHALLI, HARIHARA, DAVANAGERE-577601. 2. M/S. BASAVESHWARA RICE MILL, HAVING ITS REGISTERED OFFICE AT SHIMOGA ROAD, HARIHARA-577601 REPRESENTED BY ITS PARTNER SRI B. PALAKSHAPPA. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE DISTRICT OFFICES BUILDING, ROOM NO.38, 8B9 BLOCK, 1ST FLOOR, KAROOR INDUSTRIAL AREA, P.B. ROAD, DAVANAGERE-577 005. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48713 RP No. 238 of 2025 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANAGERE, DAVANAGERE SUB-DIVISION, 13TH CROSS, TARALABALU BADAVANE, DAVANAGERE3577005. 5. MR. B.P. ASHOK AGED ABOUT 42 YEARS, S/O B. PALAKSHAPPA, HAVING HIS OFFICE OF WORK AT M/S. ACC LTD., BEHIND K.B. KULKARNI HOSPITAL DR. SIMILINGANNA ROAD, KOPPALA-582 231. 6. MR. B.P. ARUN AGED ABOUT 40 YEARS, S/O B. PALAKSHAPPA, RESIDING AT K.B.L. GARDENIA, VIJAYANAGAR IV STAGE, JANAVADI POST, MYSORE. 7. MR. B.P. ARAVIND AGED ABOUT 38 YEARS, S/O B. PALAKSHAPPA, RESIDING AT SRI BASAVESHWARA RICE MILL COMPOUND, SHIMOGA ROAD, HARIHARA-577601. &RESPONDENTS (NOTICES TO R-1 TO R-4 AND R-7 ARE SERVED & UNREPRESENTED) THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO REVIEW THE ORDER DATED 28.01.2025 PASSED BY THIS HON9BLE COURT IN WRIT PETITION NO.31985/2017 (CS-DAS). THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:48713 RP No. 238 of 2025 ORAL ORDER The petitioner has filed a memo seeking permission of this Court to withdraw the petition, which reads as under: <1. The Petitioner in the above matter has preferred the above Review petition aggrieved by the orders dated: 28-01-2025 passed in the Writ petition No.31985/2017 (CS-DAS) as this Hon'ble court has not considered the material documents produced by the petitioner along with his statement of objections. 2. That this Hon'ble court in the last date of hearing i.e., on 04-09-2025 after hearing the counsel for the petitioner was pleased to found total merit in the above review petition and thereafter issued notice to the respondents for disposal of the review petition. 3. That may be after the service of notice on the respondents, the first respondent in the above review petition who is the borrower of the loan from the petitioner herein has come forward to clear off all the dues to the petitioner liable to be paid by him under the loan account and he has paid the same in full and final satisfaction of all the claims of the petitioner herein against him who are the writ - 4 - HC-KAR NC: 2025:KHC:48713 RP No. 238 of 2025 petitioners before this Hon'ble court the aforesaid writ petition. Thus, the orders passed in the writ petition and the above Review petition has become infractuous. Hence this Memo. WHEREFORE the petitioner in the above review petition most humbly prays that this Hon'ble court be pleased to accept this Memo and dispose of the above review petition as infractuous, in the interest of justice and equity.= 2. Memo is taken on record. 3. In view of the memo, the review petition is dismissed as having become infructuous. 4. Pending I.As. if any does not survive for consideration. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 62