The High Court of Karnataka at Bengaluru disposed of R.F.A. No. 685/2016 filed by M/s. Canara Housing Development Company for non-statutory reasons regarding pecuniary jurisdiction, directing its return to the appropriate court of competent jurisdiction.
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 22ND DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
R.F.A.No.685/2016(DEC/INJ)
BETWEEN
M/s.CANARA HOUSING DEVELOPMENT COMPANY PRIVATE LTD, I-02, DIAMOND DISTRICT DIAMOND DISTRICT, AIRPORT ROAD, KODIHALLI, BANGALORE-560008 REP. BY ITS DIRECTOR MR.AMRIK SINGH BHANDARI
...APPELLANT
(BY SRI SHREYAS JAYASIMHA, ADVOCATE)
AND
BOTH RESIDING AT DESIPETE ROAD YELAHANKA BANGALORE-560 054
S/O LATE NARAYANASWAMY
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AGED ABOUT 70 YEARS,
R3 AND R4 ARE R/AT HOROHALLI VILLAGE YELAHANKA HOBLI, BANGALORE NORTH TALUK-560 054
R5 AND R7 ARE R/AT NAGENHALLI YELAHANKA HOBLI BANGALORE NORTH TALUK-560 054
...RESPONDENTS
(BY SRI DIWAKAR, ADVOCATE FOR C/R1 TO R4)
THIS RFA IS FILED UNDER SECTION 96 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 21.01.2016 PASSED IN O.S.NO.437/2005 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, BENGALURU (R) DISTRICT, BENGALURU, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
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THIS APPEAL COMING ON FOR ORDERS , THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Memo is filed by learned counsel for appellant. Memo reads as under:
" The Appellant herein humbly prays that this Hon'ble Court may be please to allow the appellant to seek withdraw the captioned Appeal, for want of pecuniary jurisdiction, reserving liberty to file the appeal before the appropriate Court, in the interest of justice and equity."
In view of the memo, appeal is disposed of for statistical purpose and appeal papers are ordered to be returned for presentation before proper court in terms of Order VII Rule 10 CPC.
Sd/JUDGE
SBN
M/s CANARA HOUSING DEVELOPMENT COMPANY PRIVATE LTD
SRI Y R BALAKRISHNA
SRI Y R ANJANAPPA
SRI NAGARAJ
SRI VENKATALAKSHMAMMA
SRI BHOOPAL
V. SRISHANANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
