Dismissed
Sri M K Kuruvilla v. Sri M L Patel
Karnataka HCRSA/608/2018
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from the order text
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.S.A. No. 608/2018
BETWEEN:
SRI M K KURUVILLA AGED ABOUT 58 YEARS S/O LATE SRI M C KURIAN NO.843, 5TH MAIN 3RD BLOCK, KORAMANGALA BANGALORE-560 034
... APPELLANT
(By SRI B N JAYADEVA, ADVOCATE)
AND:
SRI M L PATEL AGED ABOUT 65 YEARS S/O LATE SRI RAMADEV PATEL NO.79, VIJAYA BANK COLONY BANASAWADI BENGALURU-560 043.
... RESPONDENT
THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 06.01.2018 PASSED IN R.A.NO.67/2012 ON THE FILE OF THE V ADDITIONAL DISTRICT JUDGE, AT HASSAN, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 07.03.2012 PASSED IN OS.NO.35/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SAKALESHPUR.
THIS R.S.A. COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
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O R D E R
In this appeal, office has raised objection with regard to maintainability of the appeal.
The appellant has challenged the order dated 06.01.2018 passed in RA No.67/2012 by the Principal District and Sessions Judge, Hassan. However, perusal of the order sheet dated 06.01.2018 of the First Appellate Court would indicate that the appellant himself has filed a memo stating that the appeal may be dismissed as the First Appellate Court has no pecuniary jurisdiction to entertain the appeal, and as such, the appeal is not maintainable. However, the learned counsel appearing for the appellant prays leave of this Court to file review petition before the First Appellate Court. His submission is accepted.
In view of the submission made by the learned counsel, liberty is reserved to the appellant to file review petition before the First Appellate Court, if so advised.
Accordingly, the regular second appeal stands dismissed.
Sd/JUDGE
SB
Sri M K Kuruvilla
Sri M L Patel
E.S. Indiresh
As recorded by the court registry
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