Dismissed

P Srinivas Reddy v. M Raja Shekar Raju

Karnataka HC12 Dec 2024RFA/1345/2022

Case brief

AI extract

What is this about?

In RFA No. 1345 of 2022, the High Court of Karnataka considered first appeal applications regarding delay in filing and an order dismissing a suit for injunction. The court allowed the appeals to condone delay, set aside the dismissal order, and then dismissed the suit appeal as withdrawn, granting liberty to file a fresh suit.

What did the court decide?

Applications allowed, order of dismissal set aside, appeal dismissed as withdrawn with liberty to file fresh suit.

P Srinivas Reddy Vs M Raja Shekar Raju — Execution and Attachment | Karnataka HC (2024)

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1 - NC: 2024:KHC:51166 RFA No. 1345 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 1345 OF 2022 (INJ)

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BETWEEN:

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P. SRINIVAS REDDY, S/O P. SHANKAR REDDY, AGED ABOUT 63 YEARS, RET. CHIEF MANAGER, CENTRAL BANK OF INDIA, R/AT NO. FLAT S-5, 2ND FLOOR, SAHASRA PRIDE, 3RD CROSS, RAJANNA LAYOUT, HORAMAVU, AGARA VILLAGE, BENGALURU - 560 043.

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…APPELLANT

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(BY SRI. VISWANATHA SETTY V, ADVOCATE)

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AND:

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Digitally signed by MAMATHA R Location: High Court of Karnataka

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M. RAJA SHEKAR RAJU, S/O M. MOHAN RAJU, MAJOR, R/AT NO. 15, SUNRISE ENGLISH SCHOOL ROAD, DODDA KRISHNAPPA LAYOUT, BHOOPASANDRA, BENGALURU - 560 094.

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ABDUL KHAUM SHAIK, S/O ABDUL GHANI SHAIK, MAJOR, R/AT RAJANNA LAYOUT, RBI COLONY, BENGALURU - 11.

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M. YOUSUF KHAN, S/O M. AHMED, MAJOR,

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NC: 2024:KHC:51166 RFA No. 1345 of 2022

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R/AT NO. 188, 1ST BLOCK EAST, JAYANAGAR, BENGALURU - 560 011.

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…RESPONDENTS

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(BY SRI. A. KUMARAVEL, ADVOCATE; SRI. ABDUL KHADER, ADVOCATE FOR C/R3)

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THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 11.03.2022 PASSED IN O.S.NO.9177/2015 ON THE FILE OF THE XXXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY, DISMISSING THE SUIT FOR INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

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JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL JUDGMENT

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I.A Nos.1/2023, 2/2023 and 3/2023 are filed for delay in filing the application and re-calling the order on dismissal dated 29.05.2023.

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The learned counsel submits that he is also going to withdraw the appeal with a liberty to file fresh suit.

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Considering the facts and circumstances, I.As., are allowed. Delay is condoned. The order of dismissal dated

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3 - NC: 2024:KHC:51166 RFA No. 1345 of 2022

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29.05.2023 is hereby set aside, the appeal is restored to the file.

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Memo filed for withdrawing the appeal and

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submission is placed on record.

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Appeal is dismissed as withdrawn with a liberty to file

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fresh suit.

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Sd/(K.NATARAJAN) JUDGE

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VS List No.: 1 Sl No.: 11 CT: BHK

P Srinivas Reddy v. M Raja Shekar Raju

Case brief

What is this about?

What did the court decide?

P Srinivas Reddy v. M Raja Shekar Raju

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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