The Karnataka High Court permitted the petitioners to prosecute a pending first appeal as indigent persons based on a report on their financial capacity, disposing of the civil petition contingent on payment of court fees upon success in the appeal.
Granted permission to prosecute the pending first appeal as indigent persons.
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.
NC: 2023:KHC:25058 CP No. 56 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CIVIL PETITION NO. 56 OF 2022
BETWEEN:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. PRASANNA V.R., ADVOCATE)
AND:
NC: 2023:KHC:25058 CP No. 56 of 2022
4TH CROSS, BTM LAYOUT, 2ND STAGE, BENGALURU - 560 076.
…RESPONDENTS THIS CP IS FILED UNDER ORDER XLIV RULE 1 OF CPC, 1908, PRAYING TO PERMIT THE PETITIONERS TO PREFER AND PROSECUTE THE MISC.FIRST APPEAL NO.1285/21 AS INDIGENT PERSONS ASSAILING THE JUDGMENT AND DECREE DATED: 13.11.2020 IN O.S.NO. 20/2019 ON THE FILE OF THE LEARNED I ADDL. PRL. JUDGE, FAMILY COURT, MYSURU IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Perused the report submitted by the Registrar Judicial in regard to the petitioner's financial capacity. Having taken cognizance of the financial capacity of the petitioner herein, I'am of the view that the petitioner is
NC: 2023:KHC:25058 CP No. 56 of 2022
entitled to prosecute the appeal pending in MFA No.1285/2021 as an indigent petition. The civil petition stands disposed off.
Sd/JUDGE
JJ List No.: 1 Sl No.: 48 CT:SNN
2 issues framed by the court
Whether the petitioners are entitled to prosecute the first appeal as indigent persons.
Whether the petition should be disposed of after allowing indigent status for the pending appeal.
1 provisions across 1 enactments
SMT.BEGUM HAJIRA MUZAINA
BABY SADIYA FATIMA
SRI. JANAB MOHAMMED SYED KHAN
BEGUM JAMMEL UNNISA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
