MrA (UI IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD. DATED THIS THE 14TFI DAY OF DECEMBER 2011 BEFORE THE HON’BLE MR.JUSTICE A.N.VENUGOPALA GOWDA MISCELLANEOUS FIRST APPEAL No235762010 (CPC) BETWEEN: (/ c. Moulasab Abdulsab Ilkal, S/o Abdulsab Ilkal, j Age: Major, R/o Guledgudda, Tq. Badami. .Appellant (By Sri M.B. Kanavi, Adv.) AND: 1. Imamhusain (i Imamsab, S/o Madarsab Bagwarn, Age: Major, 0cc: Business, R/o Guledgudd, Tq. Badami, Now at Hanamatnagar, Near K.E.B. Nittur, Post: Udapi. 2. Mahadevappa, S/o Shivappa Kalligudda, Age: Major, 0cc: Agril, R/o Ward Nod.1, Near Municipality Guledgudd, Tq. Baclami. Respondents (By Sri Prabhakar A. Kulkarni, Adv.) C 2 MFA 23756.2010 This Misc. First Appeal is filed under Order XLIII Rule 18 of CPC, praying to call for records, set-aside the order of the trial court in Civil Misc. No.12/2007 passed by District Court, Bagalkot vide Annexure-E and restore the matter for fresh hearing by the trial court, etc. This appeal coming on for admission this day, the Court delivered the following: - JUDGMENT Plaintiff is the appellant. O.S.No.216/2001 filed against the respondent/defendants for passing a money decree, was decreed in part. Suit was decreed for Rs.50, 101/- with interest at 6% from the date of suit till its realization. Feeling aggrieved, only with regard to the rate of interest, appellant filed R.A.No. 35/2006 in the Court of the District and Sessions Judge at Bagalkot. The appeal was dismissed for non- prosecution on 06.07.2007. Civil Misc.No. 12/2007 was filed to set-aside the said order and to restore the appeal for disposal on merit. Civil Misc. case was rejected on 05.11.2008. This appeal is directed against the said order. earn 3 MFA 237c6.2olo 2. On 11.04.2011, the matter having been argued, Sri Prabhakar A. Kulkarni, learned counsel appearing for the respondents had submitted that, though the owner is not available, the respondents would pay the interest on the decree amount at 10% p.a. The matter was ordered to be listed, on 19.04.2011, to file an affidavit. On 19.04.2011, the matter was directed to be listed after vacation. Today, learned counsel appearing for the respondents, has filed an affidavit dated 19.04.2011, in which, the respondent/defendant has agreed to pay simple interest at the rate of 10% per annum on Rs.50,101/-. In view of the events which have taken place, appeal is allowed and the impugned order is set-aside. Civil Misc. No.12/2007 on the file of the District and Sessions Judge, Bagalkot, stands allowed. R.A.No. 36/2006 on the file of the District and Sessions Judge, —A 4 NI 1\ 3o 2 () 0 Bagalkot. stands restored and also allowed, in that, the amount of Rs.50,1O1/-, shall carry interest at 10% per annum, from the date O.S.No.216/2006 was instituted, i.e., 23.08.2001, till the date of realization. The court below to draw decree, accordingly. Sd/ TT Tm r’T’ j’jsJJj, mkc