The Single Judge dismissed the First Appeal filed to set aside the order returning the plaint for lack of territorial jurisdiction, noting that the appellants were not appearing and seemed uninterested in prosecuting the matter.
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.2983/2014
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL NO.2983/2014 (CPC)
BETWEEN:
(BY SRI M.S.NARAYANA RAO, ADVOCATE [ABSENT])
M.F.A.No.2983/2014
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AND:
SRI GIRISH ADIGA AGED ABOUT 55 YEARS S/O LATE PADMANABHA ADIGA RESIDING IN SAMPEKATTE BALKOOR, KUNDAPURA TALUK UDUPI DISTRICT …RESPONDENT
(BY SRI SADANANDA G SHASTRI, ADVOCATE FOR SRI G.G.SHASTRI, ADVOCATE)
THIS MFA IS FILED UNDER ORDER XLIII RULE 1 (A) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 29.03.2014 PASSED BY THE XXXVII ADDITIONAL CITY CIVIL JUDGE, BANGALORE IN O.S.NO.2189/2014 ON THE OFFICE OBJECTION WITH REGARD TO TERRITORIAL JURISDICTION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
None appears for the appellants.
the adjournment.
returning the plaint for presentation before the proper Court on the ground of territorial jurisdiction. There was no representation for the appellants on several previous hearing dates also.
M.F.A.No.2983/2014
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In view of dismissal of the appeal, pending IAs stood disposed of.
Sd/JUDGE
KSR
1 issue framed by the court
Whether the first appeal challenging the order returning the plaint for lack of territorial jurisdiction should be allowed.
1 provisions across 1 enactments
SRI K.MAHABALA ADIGA
SRI RAGHAVENDRA ADIGA
K.S. MUDAGAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
