Suit appeal filed for withdrawal of appeal; memo accepted and appeal dismissed as withdrawn pending filing of appropriate jurisdictional appeal.
The appeal was dismissed as withdrawn; appellants to file appropriate appeal before appropriate jurisdictional appellate court.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO.2173 OF 2023 (PAR)
BETWEEN:
BOTH ARE RESIDING AT YALACHAGERE VILLAGE, NELAMANGALA KASABA, NELAMANGALA TALUK, BANGALORE RURAL DISTRCT - 561 106.
…APPELLANTS
(BY SRI. LAKSHMIKANTH K., ADVOCATE)
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
AND:
NC: 2023:KHC:42051 RFA No. 2173 of 2023
RESPONDENTS NO.1 TO 5 ARE RESIDING AT YALACHAGERE VILLAGE, NELAMANGALA KASABA, NELAMANGALA TALUK, BANGALORE RURAL DISTRCT - 561 106.
BOTH RESIDING AT NO. 20, 1ST MAIN ROAD, 1ST N BLOCK, RAJAJINAGAR, BANGALORE - 560 010.
…RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 12.06.2023 PASSED ON I.A.NO.V IN OS.NO.275/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, ALLOWING THE I.A.NO.V FILED UNDER ORDER 7 RULE 11(5) R/W SEC.151 OF CPC FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:42051 RFA No. 2173 of 2023
JUDGMENT
Learned counsel for the appellants has filed a memo seeking withdrawal of the appeal, reserving liberty in favour of the appellants to file an appropriate appeal before the appropriate Jurisdictional appellate Court. Such an appeal is preferred within a period of six weeks from today. Appellants will be entitled to benefit of Section 14 of the Limitation Act.
3. In view of the memo, the appeal is dismissed as
withdrawn.
ABK List No.: 1 Sl No.: 30 CT:SNN
Sd/JUDGE
JAYAMMA
SMT. SHARADHAMMA
SRI. SIDDALINGAIAH
SMT. GANGAMMA
SMT. LAKSHMAMMA
SRI. NARAYANA
S.R.KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
