The First Regular Appeal filed under Order 41 Rule 1 of CPC was disposed of as withdrawn by the High Court of Karnataka. Liberty was reserved to the appellant to file an appropriate appeal before the competent appellate court within six weeks.
Appeal disposed of as withdrawn; liberty reserved to file appropriate appeal within six weeks.
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RFA No. 409 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 409 OF 2023 (PAR/INJ)
BETWEEN:
SRI. NAGARAJU S/O LATE DASAPPA, AGED 51 YEARS, R/AT VAJARAHALLI @ BAYANAPALYA VILLAGE, THALAGATTAPURA POST, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK.
…APPELLANT
(BY SRI. SUNIL K.N., ADVOCATE SRI. AKARSH KUMAR GOWDA, ADVOCATE)
AND:
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
S/O LATE DASAPPA AGED 61 YEARS, R/AT HOUSE NO.C-292, DEVARABISANAHALLI, AMBEDKAR NAGAR, 9TH CROSS, WARD NO.150, BELLANDUR POST, BENGALURU-560 103.
RFA No. 409 of 2023
6TH CROSS, WARD NO.150, BELLANDUR POST, BENGALURU-560 103.
RFA No. 409 of 2023
TAMIL NADU-635 109.
…RESPONDENTS
THIS RFA FILED U/S 96 R/W ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE DATED: 12.10.2022 PASSED ON IA NO.II IN OS NO.160/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NO.II FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC, FOR REJECTION OF PLAINT AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned Counsel for the appellant has filed a memo seeking withdrawal of the appeal by reserving liberty in favour of the appellant to prefer an appropriate appeal before the jurisdictional appellate court.
RFA No. 409 of 2023
favour of the appellant to file an appropriate appeal before the jurisdictional appellate court.
weeks from today, the appellant would be entitled to the benefit of
Section 14 of The Limitation Act, 1963.
Sd/JUDGE
JT/-
2 provisions across 2 enactments
Sri. Nagaraju S/o Late Dasappa
Sri. Muniyappa S/o Late Dasappa
Smt. Gowramma D/o Late Dasappa
Sri. Basavaraju S/o Late Dasappa
Smt. Kantamma D/o Late Dasappa
Smt. Neelamma D/o Late Dasappa
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
