The High Court of Karnataka dismissed an appeal filed against a judgment directing the appellant to quit premises. The appeal was dismissed as the respondent had already taken possession, leaving no issue for consideration.
The appeal was dismissed.
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NC: 2023:KHC:27230 RFA No. 217 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 217 OF 2018 (RES)
BETWEEN:
…APPELLANT
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
(BY SRI. CHIKKANAGOUDAR L.S., ADVOCATE)
AND:
NC: 2023:KHC:27230 RFA No. 217 of 2018
SEPPINGS ROADS CROSS, BANGALORE-560 001.
…RESPONDENT
(BY SRI. M.L. DAYANANDA, ADVOCATE AND SRI. RAGHUNATH M.D., ADVOCATE)
THIS RFA IS FILED UNDER ORDER 41 RULES 1 AND 2 READ WITH SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.11.2017 PASSED IN OS.NO.27189/2012 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL JUDGE MAYO HALL, BENGALURU, PARTLY DECREEING THE SUIT FOR EJECTMENT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant (said to be defendant) for setting aside the judgment and decree passed in OS.No.27189/2012 dated 2.11.2017 for directing this appellant to quit and vacate the schedule premises. The judgment was delivered on 2.11.2017 and there is no stay of the judgment and decree by this court and matter is not yet admitted.
NC: 2023:KHC:27230 RFA No. 217 of 2018
claimed the said amount as the mesne profit.
record.
The appeal is dismissed as does not survive for consideration.
Sd/JUDGE
AKV
List No.: 1 Sl No.: 39
2 provisions across 1 enactments
MR. SYED AKBAR S/O. SYED JALULUDDIN SAHEB
SMT. NAZNEEN BEGUM W/O. SRI. S. ABDUL RAHEEM
K.NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
