Civil Miscellaneous First Appeal filed under Order 43 Rule 1(r) and Section 151 CPC was dismissed as withdrawn. Registry directed to return records to the appellant.
Appeal dismissed as withdrawn with liberty to approach appropriate jurisdiction. Records returned to petitioner.
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 AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL No. 6780 OF 2023 (CPC)
BETWEEN:
SRI MUNIRAJU S/O MARAPPA @ MARAYYA AGED ABOUT 55 YEARS R/AT THOTADA GUDDADAHALLI VILLAGE NAGASANDRA POST BENGALURU – 560 073.
…APPELLANT
(BY SRI RAVINDRA PRASAD B, ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT KUDURA GRAMA DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE – 562 126.
…RESPONDENTS
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED: 05.07.2023 PASSED ON I.A.No.1 IN OS.No.62/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING THE I.A.No.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR FURTHER ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
maintainability of this appeal that the appeal will not lie to this Court. A memo is filed seeking to withdraw the writ petition,
with a liberty to approach the appropriate forum.
NC: 2024:KHC:33522 MFA No. 6780 of 2023
all the records to the petitioner.
SD/(LALITHA KANNEGANTI) JUDGE
GH List No.: 1 Sl No.: 4
1 issue framed by the court
Whether the civil miscellaneous first appeal filed under Order 43 and Section 151 CPC is maintainable when a withdrawal was sought and recorded.
2 provisions across 1 enactments
SRI MUNIRAJU S/O MARAPPA @ MARAYYA
SRI T REVANNA S/O LATE THIMMAPPA
SRI BHAKTA RAJU S/O LATE DHANANJAYAPPA
SRI RAMESH S/O LATE CHANDRAPPA
SRI T RAMAYYA S/O LATE THIMAPPA
SMT. GIRIJAMMA W/O LATE DHANANJAYAPPA
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
