Sri Ravikumar v. Sri C K Lavakumar
Case brief
What is this about?
The High Court of Karnataka disposed of an inadvertently filed regular first appeal that was outside the High Court's pecuniary jurisdiction. The appeal papers were returned for presentation before the proper District Court by invoking Order VII Rule 10 CPC.
What did the court decide?
Order VII Rule 10 CPC invoked to permit presentation of papers before the proper District Court.
What the court decided
A compact analysis
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2022 BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
R.F.A.No.1399/2022(SP)
BETWEEN:
SRI.RAVIKUMAR S/O THAMMAIAH AGED ABOUT 44 YEARS R/AT FEEROZ FARM IJOOR POST, B.M.ROAD, RAMANAGARA-562 159 ..APPELLANT
(BY SRI.H.JAYANTH, ADVOCATE)
AND:
SRI.C.K.LAVAKUMAR S/O LATE K.C.KEMPEGOWDA AGED ABOUT 53 YEARS R/AT NO.17/1, 5TH CROSS, 2ND MAIN ROAD, K.N.EXTENSION, YESHWANTHAPURA BENGALURU-560 022. ..RESPONDENT
THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE ORDER DATED 22.04.2021 PASSED IN O.S.No.341/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAMANAGARA, ALLOWING THE IA FILED UNDER ORDER 7 RULE 11(d) OF CPC FOR REJECTION OF PLAINT.
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Issues for consideration
1 issue framed by the court
Whether a regular first appeal filed in the High Court, being outside its pecuniary jurisdiction, can be remanded to the proper court pursuant to Order VII Rule 10 CPC.
Parties & counsel
- appellant
SRI RAVIKUMAR S/O THAMMAIAH
- respondent
SRI C K LAVAKUMAR
Coram
V. SRISHANANDA
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · August
- Registered
- Case no.
- RFA/1399/2022
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