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Mr Antony P T Vs Sri Mitrasena — Civil Procedure and Limitation | Karnataka HC (2023)

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Karnataka HC
2023
Mr Antony P T Vs Sri MitrasenaMr Antony P T v. Sri Mitrasena

Dismissed

Mr Antony P T v. Sri Mitrasena

Karnataka HC21 Nov 2023RSA/1077/2017

Case brief

AI extract

What is this about?

Regular second appeals were dismissed as withdrawn due to withdrawal memos filed by the learned counsel for the appellants.

What did the court decide?

The appeals were dismissed as withdrawn.

What the court decided

AI extract

A

1 - NC: 2023:KHC:41794 RSA No. 1077 of 2017 C/W RSA No. 1078 of 2017 RSA No. 1079 of 2017 RSA No. 1080 of 2017 RSA No. 1081 of 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

BEFORE

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

REGULAR SECOND APPEAL NO.1077 OF 2017 (DEC/INJ)

C/W

REGULAR SECOND APPEAL NO.1078 OF 2017 (DEC/INJ)

REGULAR SECOND APPEAL NO.1079 OF 2017 (DEC/INJ)

REGULAR SECOND APPEAL NO.1080 OF 2017 (DEC/INJ)

REGULAR SECOND APPEAL NO.1081 OF 2017 (DEC/INJ)

Parties & counsel

AI extract

appellant
MR.ANTONY P T S/O T.D PAULOSE
respondent
SRI.K.CHANDRANATH ARIGA

Coram

AI extract

SACHIN SHANKAR MAGADUM

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 21 Nov 2023 · November
Registered: 29 May 2017
Case no.: RSA/1077/2017

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Cite this judgement

Mr Antony P T v. Sri Mitrasena, RSA/1077/2017 (KA), decided on 21 November 2023.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

SACHIN SHANKAR MAGADUM

Parties & counsel

Outcome

The appeals were dismissed as withdrawn.

Detailed headnote1 paragraphs

These regular second appeals arising out of various regular appeals filed under Section 100 of the CPC were disposed of on their admission. The Court dismissed all the appeals as being withdrawn after admitting the withdrawal memos filed by the learned counsel appearing for the appellants.

A compact analysis

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 RSA NO.1077/2017

BETWEEN:

Digitally signed by CHAITHRA A

Location: HIGH COURT OF KARNATAKA

MR.ANTONY P T S/O T.D PAULOSE AGED ABOUT 52 YEARS KANCHARIKANDA HOUSE THOTATHADI VILLAGE BELTHANGADY TALUK, D.K

…APPELLANT

(BY SRI. A KESHAVA BHAT, ADVOCATE)

AND:

SRI.MITRASENA AGED ABOUT 76 YEARS S/O AMMI INDRA

2 -

NC: 2023:KHC:41794 RSA No. 1077 of 2017 C/W RSA No. 1078 of 2017 RSA No. 1079 of 2017 RSA No. 1080 of 2017 RSA No. 1081 of 2017

SOMANDADKA MUNDAJE VILLAGE & POST BELTHANGADY TALUK

D.K - 574214

…RESPONDENT

(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)

THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN R.A.NO.83/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 06.07.2007 PASSED IN OS.NO.80/1999 ON THE FILE OF THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY.

IN RSA NO.1078/2017

BETWEEN:

MR.K.SEBASTIAN S/O T.D PAULOSE AGED ABOUT 62 YEARS SOMANTHADKA MUNDAJE VILLAE AND POST BELTHANGADY TALUK, D.K PIN CODE - 574214

…APPELLANT

(BY SRI. A KESHAVA BHAT, ADVOCATE)

AND:

3 -

NC: 2023:KHC:41794 RSA No. 1077 of 2017 C/W RSA No. 1078 of 2017 RSA No. 1079 of 2017 RSA No. 1080 of 2017 RSA No. 1081 of 2017

SRI.MITRASENA AGED ABOUT 76 YEARS S/O AMMI INDRA SOMANDADKA MUNDAJE VILLAGE & POST BELTHANGADY TALUK D.K - 574214

…RESPONDENT

(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)

THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN R.A.NO.85/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 06.07.2007 PASSED IN OS.NO.81/1999 ON THE FILE OF THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY.

IN RSA NO.1079/2017

BETWEEN:

MR.U.RAVINDRANATH PRABHU S/O RAMANATH PRABHU AGED ABOUT 55 YEARS SHIVAJI NAGAR UJIRE VILLAGE AND POST BELTHANGADY TALUK, D.K - 574214

…APPELLANT

(BY SRI. A KESHAVA BHAT, ADVOCATE)

4 -

NC: 2023:KHC:41794 RSA No. 1077 of 2017 C/W RSA No. 1078 of 2017 RSA No. 1079 of 2017 RSA No. 1080 of 2017 RSA No. 1081 of 2017

AND:

SRI.MITRASENA AGED ABOUT 76 YEARS S/O AMMI INDRA SOMANDADKA MUNDAJE VILLAGE & POST BELTHANGADY TALUK D.K - 574214

…RESPONDENT

(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)

THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN R.A.NO.84/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 06.07.2007 PASSED IN OS.NO.82/1999 ON THE FILE OF THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY.

IN RSA NO.1080/2017

BETWEEN:

MR.V.A.ABBAS S/O B.M.ABDUL KHADAR AGED ABOUT 47 YEARS KURUDIYA HOUSE MUNDAJE VILLAGE AND POST BELTHANGADY TALUK, D.K - 574 214

…APPELLANT

(BY SRI. A KESHAVA BHAT, ADVOCATE)

5 - NC: 2023:KHC:41794 RSA No. 1077 of 2017 C/W RSA No. 1078 of 2017 RSA No. 1079 of 2017 RSA No. 1080 of 2017 RSA No. 1081 of 2017

AND:

SRI.MITRASENA AGED ABOUT 76 YEARS S/O AMMI INDRA SOMANDADKA MUNDAJE VILLAGE & POST BELTHANGADY TALUK D.K - 574214

…RESPONDENT

(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)

THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 15.02.2017 PASSED IN R.A.NO.80/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 06.07.2007 PASSED IN OS.NO.85/1999 ON THE FILE OF THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY, D.K.

IN RSA NO.1081/2017

BETWEEN:

MR.B.M.ABDUL RAZAK S/O ABDUL KHADAR HAJJI B.M. AGED ABOUT 49 YEARS KURUDIYA HOUSE MUNDAJE VILLAGE AND POST BELTHANGADY TALUK, D.K - 574 214

…APPELLANT

(BY SRI. A KESHAVA BHAT, ADVOCATE)

6 - NC: 2023:KHC:41794 RSA No. 1077 of 2017 C/W RSA No. 1078 of 2017 RSA No. 1079 of 2017 RSA No. 1080 of 2017 RSA No. 1081 of 2017

AND:

SRI.MITRASENA AGED ABOUT 76 YEARS S/O AMMI INDRA SOMANDADKA MUNDAJE VILLAGE & POST BELTHANGADY TALUK D.K - 574214

…RESPONDENT

(BY SRI.K.CHANDRANATH ARIGA, ADVOCATE)

THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 15.02.2017 PASSED R.A.NO.81/2007 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BELTHANGADY, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 06.07.2007 PASSED IN OS.NO.84/1999 ON THE FILE OF THE CIVIL JUDGE (JR.D.N) AND JMFC., BELTHANGADY, D.K.

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

JUDGMENT

Learned counsel appearing for the appellant has

filed memos in all these appeals requesting the Court to dismiss the appeals as withdrawn.

The said memos are taken on record.

7 - NC: 2023:KHC:41794 RSA No. 1077 of 2017 C/W RSA No. 1078 of 2017 RSA No. 1079 of 2017 RSA No. 1080 of 2017 RSA No. 1081 of 2017

In view of the above said memos, these

second appeals are dismissed as withdrawn.

Sd/JUDGE

NBM

List No.: 1 Sl No.: 15

CNR

KAHC010327472017

Topic

Civil Procedure and Limitation

Bench

Sachin Shankar Magadum

Disposal

DISMISSED

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