1

IN THE HIGH COURT OF ,DHARWAD BENCH

DATED THIS THE 5TH DAY OF NOVEMBER 2013

PRESENT

HON' BLE DR. JUSTICE JAWAD RAHIM

AND

HON' BLE MR. JUSTICE B.MANOHAR

MFA NO 23276 OF 2013(KSFC)

BETWEEN

THE KARNATAKA STATE FINANCIAL CORPORATION A BODY CORPORATE REPRESENTED BY ITS MANAGER(RECOVERY) HAVING ITS HAED OFFICE AT: NO.1/1, THIMMAIAH ROAD, BANGALORE - 560 052. ... APPELLANT

(BY SHRI. VEERESH R & SHRI.R.S.SURYAVANSHI, ADVOCATES)

AND

1. M/S.MOHAN INDUSTRIES REP.BY ITS PARTNERS C/O.DESHNUR BROTHERS NEW COTTON MARKET HUBLI - 560 020, DISTRICT: DHARWAD.

2. SRI.VIRUPAXAPPA D.DESHNUR SINCE DECEASED, NOW REPRESENTED BY HIS LRS 2

2(a) SMT.SUVARNA W/O.VIRUPAXAPPA DESHNUR AGED ABOUT 54 YEARS OCC: HOMEMAKER, MRUTHYUNJAYNAGAR , DISTRICT

2(b) VISHWANATH W/O.VIRUPAXAPPA DESHNUR, AGED ABOUT 34 YEARS OCC: BUSINESS, MRUTHYUNJAYNAGAR BAILHONGAL, DISTRICT BELGAUM

2(c) GANGADHAR W/O.VIRUPAXAPPA DESHNUR AGED ABOUT 32 YEARS OCC: BUSINESS, MRUTHYUNJAYNAGAR BAILHONGAL, DISTRICT BELGAUM.

3. SMT.PUSHPA N.DESHANUR W/O.NAGAPPA DESHANUR AGED ABOUT 56 YEARS OCC: NOT KNOWN, MRUTHYUNJAYNAGAR BAILHONGAL, DISTRICT BELGAUM.

4. SRI.MAHANTESH G.DESHNUR S/O. SRI.GADIGEPPA DESHNUR AGED ABOUT 44 YEARS OCC: NOT KNOWN, MRUTHYUNJAYNAGAR BAILHONGAL, DISTRICT BELGAUM.

5. SRI.NAGAPPA G.DESHNUR SINCE DECEASED NOW REPRESENTED BY HIS LRS

5(a) SMT.PUSHPAVATI N.DESHNUR W/O. NAGAPPA DESHNUR AGED ABOUT 54 YEARS OCC: HOUSEHOLD WORK MRUTHYUNJAYNAGAR 3

BAILHONGAL, DISTRICT: BELGAUM.

5(b) KUMARI SNEHA N.DESHNUR D/O. NAGAPPA DESHNUR AGED ABOUT 24 YEARS OCC: STUDENT, MRUTHYUNJAYNAGAR BAILHONGAL, DISTRICT: BELGAUM. ... RESPONDENTS

MFA FILED U/S. 32(9) OF THE STATE FINANCIAL CORPORATION ACT 1951, AGAINST THE ORDER DT:27.04.2013 IN MISC. NO.74/2009 ON THE FILE OF THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, AT DHARWAD, DISMISSING THE PETITION FILED U/S. 31(1)(a)(aa) AND 32 OF THE STATE FINANCIAL CORPORATION ACT 1955.

THIS APPEAL COMING ON FOR ORDERS THIS DAY, JAWAD RAHIM J , DELIVERED THE FOLLOWING:

JUDGMENT

Appellant’s counsel files a memo seeking permission to withdraw this appeal as having become infructuous.

2. Memo is placed on record.

3. Appeal is dismissed as having become infructuous.

SD/- JUDGE

SD/- JUDGE Msu