Appeal against trial court order on interlocutory applications in a suit; appellants sought leave to withdraw the appeal with liberty to approach the appropriate forum, which the High Court granted.
Appeal dismissed as withdrawn with liberty to file before the appropriate forum.
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 21ST DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.6385 OF 2024 (CPC)
BETWEEN:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
24 BANNERGHATTA MAIN ROAD, BEHIND INDIAN OIL PETROL PUMP, GOTTIGERE, BENGALURU-560083.
SOLARIS APARTMENT, 24 BANNERGHATTA MAIN ROAD, BEHIND INDIAN OIL PETROL PUMP, GOTTIGERE, BENGALURU-560083.
RESIDING AT FLAT NO.C-1401, SOLARIS APARTMENT, 24 BANNERGHATTA MAIN ROAD, BEHIND INDIAN OIL PETROL PUMP, GOTTIGERE, BENGALURU-560083.
…APPELLANTS
(BY SMT. BEENA P.K., ADVOCATE)
AND:
AGED 84 YEARS, RESIDING AT DR.HONNAPPA FARM HOUSE, GOTTIGERE VILLAGE, BANNERGHATTA ROAD, BENGALURU - 560083.
…RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 13.08.2024 PASSED ON I.A.NO.1 TO 3 IN O.S.NO.1393/2024 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL, BENGALURU, ISSUEING SUIT SUMMONNS AND EMERGENT NOTICE ON IA NO.I, II AND III TO THE DEFENDANTS THROUGH COURT AND RPAD IF PF PAID.
NC: 2024:KHC:47241 MFA No. 6385 of 2024
THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
The learned counsel for the appellants seeks permission of
this Court to withdraw the appeal with liberty to file the same before the appropriate forum.
withdrawn with liberty as sought.
Sd/(H.P.SANDESH) JUDGE
MD
List No.: 1 Sl No.: 11
S. Vikram Singh and 14 others; Solaris Residents' Welfare Association
M/s. Disha Loharuka Infra Projects and others
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
