In a miscellaneous first appeal under Order XLIII Rule 1(d) CPC regarding the limitation of a petition, the court recorded that the parties had settled the dispute out of court. Consequently, the court dismissed the appeal as withdrawn and disposed of pending applications.
The appeal was dismissed as withdrawn. Pending applications, if any, were disposed of.
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: 2024:KHC:33607 MFA No. 1313 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 1313 OF 2020 (CPC)
BETWEEN:
AGED ABOUT 74 YEARS
PLOT NO. 163, RK TOWNSHIP, YARANDAHALLI, JIGANI ROAD, BANGALORE 560 105.
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
…APPELLANTS
(BY SRI. CHANDRANATH ARIGA K.,ADVOCATE)
AND:
NC: 2024:KHC:33607 MFA No. 1313 of 2020
BOTH ARE R/AT NO. 71, GANAPATHY TEMPLE BUILDING, BEGUR ROAD, BOMMANAHALLI, BANGALORE 560068.
…RESPONDENTS
(BY SRI.S.G. LOKESH., ADVOCATE FOR C/R1 AND R2)
THIS MFA IS FILED U/O.43 RULE 1(d) OF CPC, AGAINST THE ORDER DATED 04.11.2019 PASSED IN MISC.PETITION NO.915/2014 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-40), DISMISSING IA NO.1 FILED U/S.5 OF THE LIMITATION ACT, CONSEQUENTLY DISMISSING THE PETITION FILED BY THE PETITIONER U/O.9 RULE 13 R/W SEC.151 OF CPC AS BARRED BY LIMITATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Learned counsel for the appellant has filed a memo stating that the parties have settled the dispute out of the Court. Memo is taken on record.
NC: 2024:KHC:33607 MFA No. 1313 of 2020
SD/(LALITHA KANNEGANTI) JUDGE
SA
2 issues framed by the court
Whether the miscellaneous first appeal filed under Order XLIII Rule 1(d) CPC should be allowed considering the settlement between parties.
Whether the appeal needs to be decided on merits or disposed of due to withdrawal.
4 provisions across 2 enactments
V Ranganathan
SRI. R. Sriram
B V Kiran Kumar
SRI. B V Aurn Kumar
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
