The High Court of Karnataka dismissed a Miscellaneous First Appeal filed under Order 43, Rule 1(r) of CPC as not pressed by the appellant, while directing the lower court to dispose of the underlying suit expeditiously.
Appeal dismissed; Trial Court directed to dispose of suit within one year.
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 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ MISCELLANEOUS FIRST APPEAL NO. 6255 OF 2015 (CPC)
BETWEEN:
Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA
(BY SRI. S.K. SHIVASHANKAR, ADVOCATE)
AND:
…APPELLANTS
SRI. SHIVA PRAKASH, S/O LATE B. BANDAPPA, AGED ABOUT 40 YEARS, R/AT NO.128, BENIGENAHALLI, DOORAVANI NAGAR POST, BANGALORE - 560 016.
…RESPONDENT
(BY SRI. ABDUL RASHEED, ADVOCATE FOR C/R)
THIS MFA IS FILED U/O 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED:10.8.2015 PASSED ON IA NO.1 & 2 IN O.S.NO.4671/2015 ON THE FILE OF THE 58TH ADDITIONAL CITY CIVIL & SESSIONS JUDGE, (CCH-59), BENGALURU, DISMISSING IA NO.1 FILED U/O 39, RULES 1 & 2, R/W SEC 151 OF CPC AND ALLOWING IA NO.2 FILED U/O 39, RULE 4 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants submits that he does not press this appeal but prays that a direction be issued to the Trial Court to dispose off the suit expeditiously.
as early as possible which shall at any rate not exceed one year from the date of receipt of certified copy of the order.
Sd/JUDGE
KBM
List No.: 1 Sl No.: 33 CT:SNN
3 provisions across 1 enactments
Sri. Marirudraiah
Sri. Veda Prakash
Sri. Shiva Prakash
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
