Smt Sukanya v. M/S Bsl Net
Case brief
What is this about?
First appeal against a decree directing payment of money set aside the trial court judgment and remanded the matter back to the trial court for fresh consideration alongside a pending related suit owing to changing circumstances regarding the basis of decree.
What did the court decide?
Impugned judgment set aside; matter remanded to trial court for fresh consideration alongside related suit; costs awarded.
What the court decided
A compact analysis
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.
- 1 - NC: 2024:KHC:51269 RFA No. 1025 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1025 OF 2024 (MON-)
BETWEEN:
- SMT. SUKANYA W/O LATE MANJEGOWDA D. C. AGED ABOUT 49 YEARS,
- SRI. D. M. SACHIN S/O LATE MANJEGOWDA D C AGED ABOUT 28 YEARS,
- SRI. D. M. SANJAY S/O LATE MANJEGOWDA D C AGED ABOUT 26 YEARS,
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
APPELLANTS ARE R/AT DINDAGUR VILLAGE, AND POST, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 116.
…APPELLANTS
Issues for consideration
3 issues framed by the court
Whether the trial court judgment based on a set-aside ex-parte decree calls for interference under Section 96 of CPC?
Whether the facts of the present suit and the earlier suit against the deceased require trial together?
Whether the trial court should remit the matter for fresh consideration allowing cross-examination and consideration of new documents?
Parties & counsel
- appellant
Smt. Sukanya W/o Late Manjegowda D.C.
- appellant
Sri. D.M. Sachin S/o Late Manjegowda D.C.
- appellant
Sri. D.M. Sanjay S/o Late Manjegowda D.C.
- respondent
M/s. BSL Net
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- RFA/1025/2024
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