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M Basheer Vs S Prakash Kumar — Civil Procedure and Limitation | Karnataka HC (2023)

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Karnataka HC
2023
M Basheer Vs S Prakash KumarM Basheer v. S Prakash Kumar

Dismissed

M Basheer v. S Prakash Kumar

Karnataka HC25 May 2023RFA/1542/2017

Case brief

AI extract

What is this about?

Regular First Appeal dismissed as not pressed. The appellant filed a memo indicating they were not pressing the appeal, leading to dismissal.

What the court decided

AI extract

A

1 -

RFA No. 1542 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF MAY, 2023

BEFORE

THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

REGULAR FIRST APPEAL NO. 1542 OF 2017 (RES)

BETWEEN:

M Basheer S/o. Shaik Mahamood 54 years, R/At No.20, 2nd Main Road, Palace Guttahalli, Bangalore-560 003 Also At No.4/1A, 3rd Main Rod, Palace Guttahalli, Bangalore-560 003.

…Appellant

(By Sri. Karumbaiah T.A., Advocate)

AND:

Statutes considered

1 provisions across 1 enactments

AI extract

Civil Procedure CodeOrder XLI Rule (1)

Parties & counsel

AI extract

appellant
M Basheer
respondent
S Prakash Kumar

Coram

AI extract

H.B.Prabhakar Sastry

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 25 May 2023 · May
Registered: 23 Aug 2017
Case no.: RFA/1542/2017

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Cite this judgement

M Basheer v. S Prakash Kumar, RFA/1542/2017 (KA), decided on 25 May 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Civil Procedure CodeOrder XLI Rule (1)

View all statutes

Bench / Coram

H.B.Prabhakar Sastry

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The appeal stood dismissed as not pressed based on the appellant's memo filed during the hearing. No substantive legal principles were discussed or applied in this order.

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.

Digitally signed by BANGALORE MADHAVACHAR VEENA Location: High Court of Karnataka

S Prakash Kumar S/o. Late S. Seetharamaiah, 61 years, R/at No.659, 5th Main Road, Vyalikaval Extension, Bangalore-560 003

…Respondent

(By Sri. Venkatesha For C/R.,Advocate)

This Regular First Appeal is filed under Section 96 read with Order XLI Rule (1) of the Code of Civil Procedure, 1908, with the following prayer:

2 -

RFA No. 1542 of 2017

“call for the entire records in O.S.No.7708/2014 from the file of the III Additional City Civil and Sessions Judge, Bangalore (CCCH-25) and set aside the judgment and decree dated 3.7.2017 passed in O.S.No.7708/2014 and dismiss the suit in the interest of justice and equity.”

This Regular First Appeal coming on for Orders through Physical Hearing/Video Conferencing, this day, the Court made the following:

O R D E R

The appellant who is physically present has filed a memo,

not pressing the present appeal.

In view of the memo and the supporting submission, the

appeal stands dismissed as not pressed.

Sd/JUDGE

BMV* List No.: 1 Sl No.: 94

CNR

KAHC010399832017

Topic

Civil Procedure and Limitation

Bench

H.b.prabhakara Sastry

Disposal

DISMISSED

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