Appeal against an order in O.S. No. 90/2023 was dismissed as withdrawn by the appellant, with liberty to file before the competent court and time consumed to be deducted for limitation purposes.
Liberty granted to appellant to file appeal before competent court; time consumed deducted for limitation.
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 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ MISCELLANEOUS FIRST APPEAL NO. 1154 OF 2024 (CPC)
BETWEEN:
SRI. SHANKAR S/O NARAYANAPPA, AGED ABOUT 50 YEARS, R/AT BHOVIPALYA VILLAGE, NAVARATHNA AGRAHARA DAKHALE, JALA HOBLI, BANGALORE NORTH-560 064.
…APPELLANT
(BY SRI.GOWTHAMA.V., ADVOCATE FOR SRI.MOHANKUMARA.D., ADVOCATE)
AND:
Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA
S/O LATE THAYAPPA @ CHIKKATHAYAPPA, AGED ABOUT 48 YEARS, RESIDING AT MUTHYALANAGARA VILLAGE, B.RAMAIAH COLONY, BENGALURU -560 054.
W/O LATE THAYAPPA @ CHIKKATHAYAPPA, AGED ABOUT 64 YEARS, RESIDING AT NO. 153, 19TH CROSS, B.RAMAIAH COLONY, MUTHYALANAGARA VILLAGE, BENGALURU NORTH, BENGALURU - 560 054.
…RESPONDENTS
THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 23.02.2023
NC: 2024:KHC:11413 MFA No. 1154 of 2024
PASSED ON I.A. NO.1 IN O.S.NO.90/2023 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, DEVANAHALLI.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
A memo is filed by the learned counsel for the appellant to withdraw the appeal and liberty is sought to present the appeal before the competent Court.
NC: 2024:KHC:11413 MFA No. 1154 of 2024
be deducted while calculating limitation applicable to an appeal that may be filed by appellant before the competent Court.
Sd/JUDGE
GSR List No.: 1 Sl No.: 8
SRI. SHANKAR S/O NARAYANAPPA
SRI. MUNIYAPPA
SMT. MUNIYAMMA
SMT.MUNIVENKATAMMA W/O VENKATASWAMY
SMT.KALAMMA @ KALIYAMMA W/O SHAYMA
SMT.CHANDRAMMA D/O THAYAPPA @ CHIKKATHAYAPPA
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
