In a regular first appeal filed under CPC, the appellant sought to withdraw the underlying suit with liberty to file before the District Court. The High Court recorded the submission and dismissed the appeal as withdrawn.
Appeal dismissed as withdrawn with liberty to file before the District Court.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.
NC: 2023:KHC:27538 RFA No. 66 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 66 OF 2023 (PAR)
BETWEEN:
…APPELLANT
(BY SRI. ARAVIND REDDY H.,ADVOCATE)
AND:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
NC: 2023:KHC:27538 RFA No. 66 of 2023
R10 AND R11 ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN SMT. POORNIMA
R1 TO R5, R7 TO R12 ARE R/AT VADDARA DODDI VILLAGE ATHAGURU HOBLI MADDUR TALUK MANDYA DIST - 571 429
…RESPONDENTS
NC: 2023:KHC:27538 RFA No. 66 of 2023
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.07.2022 PASSED ON IA NO.V IN OS No.84/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JDUGE, AND JMFC, MADDUR ALLOWING THE IA NO.V FILED UNDER ORDER VII RULE 11(a) AND (b) READ WITH SECTION 151 OF CPC., FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Office has raised objections regarding maintainability of this appeal before this court.
At this stage, learned counsel for the appellant files memo for withdrawing the suit, with liberty to file the appeal before the District Court.
The said submission is placed on record.
Hence, appeal is dismissed as withdrawn with liberty
to file the same before the District Court.
Office to return the concerned documents to the
learned counsel for the appellant.
AKV
List No.: 1 Sl No.: 2
Sd/JUDGE
1 issue framed by the court
Whether the appeal against rejection of plaint is maintainable before the High Court.
2 provisions across 1 enactments
Sri Kumar
Smt Jayamma
Smt. Thulasamma
Sri Krishna
Smt. Lakshmamma
Sri Shankara
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
