In a miscellaneous second appeal, the High Court of Karnataka dismissed the appeal as being barred by limitation due to commencement of evidence in the trial court. The court directed the trial court to decide the remanded matter on merits influenced by the earlier appellate observations.
The second appeal is dismissed.
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:22084 MSA No. 118 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS SECOND APPEAL NO. 118 OF 2021 (RO)
BETWEEN:
…APPELLANT
(BY SRI T. SHESHAGIRI RAO, ADVOCATE)
AND:
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
…RESPONDENT
THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC AGAINST THE JUDGMENT AND DECREE DATED 24.02.2020 PASSED IN R.A.NO.62/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 13.06.2019 PASSED IN O.S.NO.536/2018 ON THE FILE OF THE C/c III ADDITIONAL CIVIL JUDGE AND JMFC,
NC: 2023:KHC:22084 MSA No. 118 of 2021
CHITRADURGA, DECREEING THE SUIT AND REMANDING BACK THE MATTER TO TRIAL COURT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This matter is listed for admission and I have heard the
learned counsel for the appellant.
NC: 2023:KHC:22084 MSA No. 118 of 2021
However, it is made clear that the Trial Court, while considering the matter on merits shall not be influenced with the observations made by the First Appellate Court while remanding the matter and consider the matter on merits in accordance with law.
Accordingly, the appeal is dismissed.
Sd/JUDGE
ST
List No.: 1 Sl No.: 54
Smt. Tanveer Iqbal W/o. B. Zabiulla
T.R. Taqbee-ur-Rahman S/o. Late Abdul Rahman
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
