Dismissed

Taygeta Farms v. Lourdes Alias Mohan

Karnataka HC10 Dec 2024CP/477/2024

Case brief

AI extract

What is this about?

Partnership firm sought transfer of its regular appeal to the trial court to be clubbed with a pending suit over the same subject matter. The court held an appeal cannot be transferred to a trial court, as that would let it decide appeals, and dismissed the petition.

What the court decided

AI extract

Taygeta Farms Vs Lourdes Alias Mohan — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:51087 CP No. 477 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA CIVIL PETITION NO.477 OF 2024

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BETWEEN:

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TAYGETA FARMS A PARTNERSHIP FIRM REGISTERED WITH THE REGISTRAR OF FIRMS KARNATAKA REGISTRATION NO.3010/2005-6 HAVING ITS REGISTERED, OFFICE AT NO.92/1, 6^TH MAIN, 15^TH CROSS MALLESHWARAM BENGALURU – 560 055 REP. BY ITS – GPA HOLDER MR. BALAKRISHNA V. L. S/O. LATE V. D. LOGANATH

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…PETITIONER

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(BY SMT. SANJANA RAO, ADVOCATE FOR; SRI SUNDARA RAMAN M. V., ADVOCATE)

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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AND:

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LOURDES @ MOHAN S/O. LATE HRUDAYA MARY AGED ABOUT 54 YEARS RESIDING AT NO.681 3^RD CROSS, 5^TH MAIN NEAR RAJ KUMAR PARK KAMMANAHALLI BENGALURU – 560 084

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FRANCIS S/O. LATE M. JOSEPH AGED ABOUT 57 YEARS

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NC: 2024:KHC:51087 CP No. 477 of 2024

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SMT. LEELAMMA W/O. LATE M. LURDHU SWAMY AGED ABOUT 76 YEARS

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SMT. NIRMALA D/O. LATE M. LURDHU SWAMY AGED ABOUT 56 YEARS

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MARIYAPPA S/O. LATE M. LURDHU SWAMY AGED ABOUT 50 YEARS

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AROGYA SWAMY S/O. LATE M. LURDHU SWAMY AGED ABOUT 48 YEARS

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BALARAJ S/O. LATE M. LURDHU SWAMY AGED ABOUT 46 YEARS

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JOSMINE MERITA D/O. LATE M. LURDHU SWAMY AGED ABOUT 44 YEARS

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KISHAN KUMAR S/O. LATE M. LURDHU SWAMY AGED ABOUT 42 YEARS

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GIRISH PAUL S/O. LATE M. LURDHU SWAMY AGED ABOUT 40 YEARS

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RAJESH KUMAR S/O. LATE M. LURDHU SWAMY AGED ABOUT 42 YEARS

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RESPONDENT NOS.2 TO 11 ARE RESIDING AT NO.119, 1^ST BLOCK TATTAGUPE VILLAGE, UTTARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560 082

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3 - NC: 2024:KHC:51087 CP No. 477 of 2024

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AROGYA SWAMY

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S/O. LATE C. MARIYAPPA AGED ABOUT 74 YEARS

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RESIDING AT ST.PALLS CHURCH CHOKKASANDRA, NARASANDRA POST BENGALURU – 560 073

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HRUDYA MARY W/O. LATE PHILIPRAJ AGED ABOUT 75 YEARS

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RAJENDRA PRASAD S/O. LATE PHILIPRAJ AGED ABOUT 55 YEARS

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MARY JULIANA D/O. LATE PHILIPRAJ AGED ABOUT 52 YEARS

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AMRUTHRAJ S/O. LATE PHILIPRAJ AGED ABOUT 50 YEARS

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PRAMEELA RANI D/O. LATE PHILIPRAJ AGED ABOUT 48 YEARS

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RESPONDENT NOS.13 TO 17 ARE RESIDING AT TATTAGUPPE VILLAGE UTTARAHALLI HOBLI BENGALURU – 560 082

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SAVITHA W/O. LATE BENJAMIN AGED ABOUT 40 YEARS

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ANITHA D/O. LATE BENJAMIN AGED ABOUT 38 YEARS

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4 - NC: 2024:KHC:51087 CP No. 477 of 2024

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RESPONDENT NOS.18 AND 19 ARE RESIDING AT NO.1 MARIYANNAPALYA BENGALURU – 560 024

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JOHN PETER S/O. C. MARIYAPPA AGED ABOUT 65 YEARS RESIDING AT NO.60/3 NEAR SHOBA STORE KARIYANPALYA BENGALURU NORTH ST. THOMAS TOWN BENGALURU – 560 084

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…RESPONDENTS

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THIS CIVIL PETITION IS FILED UNDER SEC.24 OF THE CPC., PRAYING THAT THIS HON’BLE COURT BE PLEASED TO TRANSFER OS NO.1138 OF 2018 PENDING ON THE FILE OF 1^ST ADDITIONAL CIVIL JUDGE, (SR. DN), BENGALURU RURAL DISTRICT TO 2^ND ADDITIONAL CIVIL JUDGE (SR. DN), BENGALURU RURAL DISTRICT AND TO DIRECT THAT THESE OS NO.1138 OF 2018 AND RA NO.68 OF 2018 BE CONNECTED/ CLUBBED/ CONSOLIDATED AND DISPOSED TOGETHER BY THE HON’BLE 2^ND ADDITIONAL CIVIL JUDGE (SR. DN.) IN THE INTERESTS OF JUSTICE AND EQUITY.

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THIS CIVIL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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NC: 2024:KHC:51087 CP No. 477 of 2024

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ORAL ORDER

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This petition is filed seeking a direction that Original Suit No.1138 of 2018 pending on the file of the I Additional Civil Judge (Senior Division), Bangalore Rural District, which has been filed by respondent Nos.1 to 11 herein for declaration and injunction be clubbed along with the appeal that has been filed by the petitioner herein in Regular Appeal No.68 of 2018 which is pending consideration before the Court of the II Additional Civil Judge (Senior Division), Bangalore Rural District. This regular appeal has been field challenging a decree of injunction granted against the petitioner.

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In other words, the petitioner is seeking transfer of an appeal to the Trial Court to be considered along with a suit that is pending consideration between the same parties and in respect of the same subject matter.

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In my view, it would be impermissible for an appeal to be transferred to be heard along with a suit as that would tantamount to the Trial Court deciding an appeal and thereby usurp the jurisdiction of the Trial Court.

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NC: 2024:KHC:51087 CP No. 477 of 2024

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Consequently, there is no merit in the petition and the

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petition is accordingly dismissed .

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Sd/(N S SANJAY GOWDA) JUDGE

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RK List No.: 1 Sl No.: 2

Taygeta Farms v. Lourdes Alias Mohan

Case brief

What is this about?

What the court decided

Taygeta Farms v. Lourdes Alias Mohan

Case brief

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