The Single Judge held that since the trial court rejected the plaint under Order VII Rule 11 CPC, the pending miscellaneous first appeal became infructuous and was disposed of accordingly.
The appeal was declared infructuous and disposed of accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A.NO.2803/2020
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL NO.2803/2020 (CPC)
BETWEEN:
SMT N.SUSHEELA W/O BYRAPPA AGED ABOUT 54 YEARS NO.82, 1ST CROSS DODDAKEMPAIAH LAYOUT R.R.NAGAR, BANGALORE – 560 098 ... (BY SRI S.M.KULKARNI, ADVOCATE [ABSENT])
... APPELLANT
AND:
SRI M.S. VARADARAJAN, ADVOCATE FOR R2)
M.F.A.NO.2803/2020
2
THIS MFA IS FILED UNDER ORDER XLIII RULE 1 (r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 13.03.2020 PASSED ON I.A.I IN O.S.NO.1903/2020, ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU.
THIS MFA COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
None appears for the appellant.
Therefore, this appeal has become infructuous and disposed of accordingly.
M.F.A.NO.2803/2020
3
In view of disposal of main matter, pending IAs
stood disposed of.
Sd/JUDGE
pgg
1 issue framed by the court
Whether the Miscellaneous First Appeal is maintainable given the rejection of the underlying plaint by the trial court.
2 provisions across 2 enactments
SMT N.SUSHEELA
SMT GEETHA V.
SRI A.B. NAZEER AHMED
K.S.MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
