Smt. Shantamma W/O. Late Sriplanawthaswamy and ors Vs. Shrimandar Kumar S/O S.B.Adirajayah and ors - Court Judgment

Excerpt:

[n.k.patil; h.s.kempanna jj.] this misc.cvl. is filed under section 151 of cpc. praying to direct the registrar general of this hon'ble court to disburse an amount of rs.3,80,914/-. in the interest of justice and equityorder1. the instant application is filed by smt.shantamma, t.a.padmanabaswamy and t.s.subramanyaswamy in osa no.21/2009.2. we have heard the learned counsel appearing for the appellants and the sri.g.krishnamurthy, learned counsel appearing for respondents 1, 2 and 4 and sri.v.jayaram, learned counsel appearing for the official liquidator.3. sri.g.krishnamurthy, learned counsel appearing for respondents 1. 2 and 4 and sri.v.jayaram, learned counsel appearing for die official liquidator, at the outset, fairly submitted that they have no objection to allow the application.4. in the light of the submission made by the learned counsel, as stated above and for the reasons stated in the accompanying affidavit filed in support of the application, the application is allowed. registry is directed to pay a sum of 3,50,758/- in favour of the applicants- smt.shantamma, t.a.padmanabaswamy and t.s.subramanyaswamy. subject to their executing a personal bond in favour of the registrar, high court of karnataka, bangalore. however, it is made clear that the said amount is released subject to the outcome of osa 21/2009.

Judgment:

ORDER

1. The instant application is filed by Smt.Shantamma, T.A.Padmanabaswamy and T.S.SubramanyaSwamy in OSA No.21/2009.

2. We have heard the learned counsel appearing for the appellants and the Sri.G.Krishnamurthy, learned counsel appearing for respondents 1, 2 and 4 and Sri.V.Jayaram, learned counsel appearing for the official liquidator.

3. Sri.G.Krishnamurthy, learned counsel appearing for respondents 1. 2 and 4 and Sri.V.Jayaram, learned counsel appearing for die official liquidator, at the outset, fairly submitted that they have no objection to allow the application.

4. In the light of the submission made by the learned counsel, as stated above and for the reasons stated in the accompanying affidavit filed in support of the application, the application is allowed. Registry is directed to pay a sum of 3,50,758/- in favour of the applicants- Smt.Shantamma, T.A.Padmanabaswamy and T.S.Subramanyaswamy. Subject to their executing a personal bond in favour of the Registrar, High Court of Karnataka, Bangalore. However, it is made clear that the said amount is released subject to the outcome of OSA 21/2009.