Dismissed

Smt P G Deepthi v. a S Bheemappa

Karnataka HC13 Dec 2022RFA/1522/2022

Case brief

AI extract

What is this about?

This Regular First Appeal under Section 96 CPC was filed against the dismissal of a suit for injunction. The appeal was withdrawn by the appellant with liberty to file the same before the Senior Civil Judge, Bengaluru Rural District.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file before Senior Civil Judge, Bengaluru Rural District and direction to Registrar to return appeal memo and certified copies.

Smt P G Deepthi Vs a S Bheemappa — Civil Procedure and Limitation | Karnataka HC (2022)

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RFA No. 1522 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR FIRST APPEAL NO. 1522 OF 2022 (INJ)

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BETWEEN:

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SMT. P.G.DEEPTHI, D/O P.S.GURU PRASAD, AGED ABOUT 39 YEARS, R/AT 1112, BHAGYASHREE, 18^TH MAIN, BTM 2^ND STAGE, BANGALORE – 560 076. REPRESENTED BY POWER OF ATTORNEY HOLDER, AND HER MOTHER SMT. S. SHARADA.

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…APPELLANT

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(BY SRI. MOHAN K N., ADVOCATE)

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AND:

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Digitally signed by GURURAJ D Location: High Court Of Karnataka

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A.S.BHEEMAPPA, S/O LATE THIMMAPPAIAH, AGED ABOUT 73 YEARS,

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SMT. M.V.NAGARATHNA, W/O SRI. A.S.BHEEMAPPA, AGED ABOUT 66 YEARS, HOUSEWIFE,

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SRI. A.B.NARENDRA, S/O A.S.BHEEMAPPA, AGED ABOUT 40 YEARS,

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RFA No. 1522 of 2022

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RESPONDENT NOS.1, 2 AND 3 ARE R/AT NO.16/2, WEST ANJANEYA TEMPLE STREET, BASAVANGUDI, BANGALORE – 560 004.

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SREEPAD JOIS, S/O LATE RAMA JOIS, AGED ABOUT 68 YEARS, R/AT NO.305, 3^RD FLOOR, A BLOCK, NO.253, KASTURIDHAMA APARTMENTS, 8^TH MAIN, 9^TH CROSS, MALLESHWARAM, BANGALORE – 560 003.

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…RESPONDENTS

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THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST JUDGMENT AND DECREE DATED 24.06.2022 PASSED IN OS.NO.741/2013 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE SUIT FOR INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel for appellant has filed a memo seeking withdrawal of appeal with liberty to file same before Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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RFA No. 1522 of 2022

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In view of memo, appeal is dismissed as withdrawn with

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liberty to file same before Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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If appeal is filed before appropriate Court on or before 09.01.2023, appellant would be entitled to seek for benefit of Section 14 of Limitation Act.

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Registry is directed to return appeal memo and certified copies to learned counsel for appellant for re-presentation before Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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Sd/JUDGE

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MKM List No.: 1 Sl No.: 12

Smt P G Deepthi v. a S Bheemappa

Case brief

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Smt P G Deepthi v. a S Bheemappa

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