Disposed

Smt. Veena J G v. Sri Sudheendra Prasad Jaganmohan

Karnataka HC28 Nov 2023RFA/2097/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the regular first appeal filed by a plaintiff whose suit was dismissed. The court permitted the appellant to withdraw the appeal, reserving liberty to file a fresh suit under Order VII Rule 13 CPC, while keeping all contentions on limitation open.

What did the court decide?

Permission to withdraw the appeal with liberty to file a fresh suit under Order VII Rule 13 CPC, keeping limitation and other defenses open.

Smt. Veena J G Vs Sri Sudheendra Prasad… — Civil Procedure and Limitation | Karnataka HC (2023)

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1 - NC: 2023:KHC:43031 RFA No. 2097 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2097 OF 2022 (INJ)

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BETWEEN:

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SMT. VEENA J G W/O SRI PANDURANGA RAO K S D/O LATE J R GOPAL RAO AGED ABOUT 55 YEARS RESIDING AT NO.18AS, 1^ST CROSS 2^ND PHASE, 4^TH BLOCK, BSK III STAGE BENGALURU-560 085.

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…APPELLANT

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(BY SRI. SREEKANTHA K S., ADVOCATE)

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AND:

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SRI SUDHEENDRA PRASAD JAGANMOHAN S/O LATE SRI J R GOPAL RAO AGED ABOUT 60 YEARS RESIDING AT NO.18, REMBRANDT WAY EAST WINDSOR, NEW JERSEY-08520.

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Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA

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SRI RAVINDRAPRASAD JAGANMOHAN S/O LATE SRI J R GOPAL RAO AGED ABOUT 58 YEARS RESIDING AT NO.8701 DUNWOODY P1 UNIT E ATLANTA, GA 30350

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…RESPONDENTS

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(BY SRI. NARAYANA V S., ADVOCATE)

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THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE ORDER DATED 27.09.2022 PASSED ON IA NO.1 IN OS No.25623/2021 ON THE FILE OF THE LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, ALLOWING THE IA NO.1 FILED UNDER ORDER 7 RULE 11(a), (b) AND (d) R/W SECTION 151 OF CPC.

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

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NC: 2023:KHC:43031 RFA No. 2097 of 2022

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JUDGMENT

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This appeal arises out of the impugned order dated 27.09.2022 passed in O.S.No.25623/2021 on the file of the LXXII Addl. City Civil & Sessions Judge, Bengaluru, Mayo Hall, Bengaluru, whereby the application – I.A.No.1/2022 filed by the respondents – defendants under Order VII Rule 11(a) CPC was allowed and plaint of the appellant – plaintiff was rejected, as a consequence of which, the suit of the appellant – plaintiff was dismissed by the Trial Court.

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Heard learned counsel for the appellant and learned counsel for the respondents and perused the material on record.

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After arguing the matter for sometime, learned counsel for the appellant seeks permission to withdraw the appeal reserving liberty in favour of the appellant – plaintiff to institute a fresh suit in terms of Order VII Rule 13 CPC.

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Though the said submission is vehemently opposed by learned counsel for the respondents – defendants, it would be just and proper to dispose of this appeal by permitting the appellant to withdraw the appeal reserving liberty to file a fresh suit in terms of

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NC: 2023:KHC:43031 RFA No. 2097 of 2022

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Order VII Rule 13 CPC subject to all just exceptions, defences, limitation, etc., available to the respondents – defendants in the event such a fresh suit is instituted by the appellant – plaintiff.

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All rival contentions on all aspects of the matter including limitation are kept open and no opinion is expressed on the same.

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Subject to the aforesaid liberty and directions, the

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appeal stands disposed of.

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Sd/JUDGE

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List No.: 1 Sl No.: 34

Smt. Veena J G v. Sri Sudheendra Prasad Jaganmohan

Case brief

What is this about?

What did the court decide?

Smt. Veena J G v. Sri Sudheendra Prasad Jaganmohan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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