The High Court of Karnataka dismissed this miscellaneous first appeal as withdrawn, granting the appellant liberty to file the matter before the appropriate court under the Supreme Court decision in Hotel Queen Road Pvt. Ltd.
Appeal dismissed as withdrawn with liberty to file before appropriate court.
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NC: 2024:KHC:25511 MFA No. 3557 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 3557 OF 2024 (CPC)
BETWEEN:
MR. THOMAS MARIAN BERNARD, S/O JOSEPH CHINNAPPA, AGED ABOUT 59 YEARS, R/A NO.2498, GLAMSWORTH CR., MISSISSAUGA, ONTARIA, CANADA L5K 1G4.
ALSO AT NO.25, DASAPPA LAYOUT, RAMAMURTHY NAGAR, BENGALURU – 560 016.
…APPELLANT
(BY SRI ROHAN KOTHARI, ADVOCATE)
AND:
Digitally signed b y GEETHAKUMARI PARLATTAYA S MR. RAJAGOPAL KRISHNASWAMY, Location: High Court of KarnatakaS/O KRISHNASWAMY, AGED ABOUT 48 YEARS, R/A VILLA NO.23, SUNSHINE SIGNATURE, BENGALURU – 560 035.
…RESPONDENT
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 05.03.2024 PASSED ON I.A. NO. 1 IN O.S.NO.277/2022 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL, ALLOWING THE I.A. FILED
NC: 2024:KHC:25511 MFA No. 3557 of 2024
UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant submitted, in view of decision of Hon'ble Supreme Court in Hotel Queen Road Pvt. Ltd., and others Vs. Ram Parshotam Mittal and Others
reported in 2014 (13) SCC 646, appeal would not be maintainable before this Court and it would have to be filed before appropriate Court. In view of same, appeal may be dismissed as withdrawn with liberty to file it before appropriate Court.
Submission is placed on record.
Appeal is dismissed as withdrawn with liberty as sought
for.
Registry to return certified copies forthwith by replacing same with photostat copies.
Sd/JUDGE
MKM
List No.: 1 Sl No.: 7
Colour shows how this judgement treated each authority
Hotel Queen Road Pvt. Ltd. and Others v. Ram Parshotam Mittal and OthersReferred¶20
Hotel Queen Road Pvt. Ltd., and others Vs. Ram Parshotam Mittal and Others reported in 2014 (13) SCC 646 · Who else cites this
Mr. Thomas Marian Bernard
Geethakumari Parlattaya S Rajagopal Krishnaswamy
Ravi V Hosmani
As recorded by the court registry
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