Petitioner sought permission under Order 44 Rule 1 CPC to prosecute an appeal against dismissal of her injunction and declaration suit as an indigent person. On the Government Advocate's enquiry report that she had no financial source, the petition was allowed.
Permission granted to prosecute RFA No.1772/2022 as an indigent person.
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 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD CIVIL PETITION NO. 18 OF 2023
BETWEEN:
MRS. LORETTA LASRADO W/O MICHAEL LASRADO NOW AGED ABOUT 59 YEARS R/AT NO.390, OUTER CIRCLE WHITFIELD, BANGALORE 560 066
…PETITIONER
(BY SMT. SUSHMITHA G.,ADVOCATE)
AND:
Digitally signed by HEMALATHA A 3. MR. SEAN GIBSON Location: HIGH S/O LATE W.R.A GIBSON COURT OF MAJOR KARNATAKA
MAJOR R/AT NO.1 RUTTON CLOSE BURTON IN KENDALL CUNBRIA, LA 6 INR UNITED KINGDOM.
…RESPONDENTS
(BY SMT. CHANDINI S, HCGP.)
THIS CIVIL PETITION IS FILED UNDER ORDER 44 RULE 1 OF THE CPC, PRAYING TO ALLOW THE CIVIL PETITION TO APPEAL AS AN INDIGENT PERSON IN R.F.A. 1772/2022 PENDING BEFORE THE HO’BLE HIGH COURT OF KARNATAKA IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
of permanent injunction and declaration in respect of
property situated at Survey No.58, presently bearing No.390 called ‘Gibson Haven’, Outer Circle, Whitefield, Bangalore measuring 1500 sqft and land measuring 0.19 guntas and 20.080 sqft. The said suit filed by the petitioner-plaintiff came to be dismissed vide judgment and decree dated 28.08.2020. Being aggrieved by the same, the petitioner filed RFA No.1772/2022 before this Court. He also filed the present Civil Petition seeking permission to prosecute the appeal in RFA No.1772/2022 as an indigent person. Accordingly, this Court by order dated 27.02.2024 had directed the Government Advocate
to take notice and to conduct enquiry in terms of Order 44 Rule 3 of CPC and furnish report regarding the financial status of the petitioner by getting necessary report from the appropriate officers.
NC: 2024:KHC:21173 CP No. 18 of 2023
Sd/JUDGE
DM
List No.: 1 Sl No.: 24
1 issue framed by the court
Whether the petitioner may be permitted to prosecute RFA No.1772/2022 as an indigent person under Order 44 Rule 1 CPC.
2 provisions across 1 enactments
Mrs. Loretta Lasrado
Mrs. Joyce Gibson
Mr. Guy Gibson
Mr. Sean Gibson
Mr. Dean Gibson
Mr. Beresford Joseph Gibson
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
