Dismissed

K v. Prasad v M/S Ozone Realtos Private Limited

Karnataka HC5 Sept 2024RFA/2273/2023

Case brief

AI extract

What is this about?

The appellant withdrew Regular First Appeal No. 2273 of 2023 filed under Section 96 of the CPC against an order allowing rejection of a plaint under Order 7 Rule 11 CPC. The court dismissed the appeal as withdrawn but cautioned parties on limitation grounds in subsequent litigation.

What did the court decide?

Appeal dismissed as withdrawn with liberty to file a comprehensive suit.

K v Prasad Vs M/S Ozone Realtos Private… — Contract and Commercial Disputes | Karnataka HC (2024)

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1 - NC: 2024:KHC:36400 RFA No. 2273 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 2273 OF 2023 (INJ)

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BETWEEN:

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SRI K V PRASAD, S/O K R VENKATESULU, AGED ABOUT 58 YEARS, R/AT NO 128, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, BENGALURU 560 020. REPRESENTATION BY HIS GENERAL POWER OF ATTORNEY HOLDER, MR. ARJUN K.V.

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…APPELLANT

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[BY SRI KESHAV M DATAR, ADVOCATE (PH)]

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AND:

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M/s. OZONE REALTOS PRIVATE LIMITED, NO 51/7-1, RATHNA AVENUE, OFF RICHMOND ROAD, CIVIL STATION, BANGALORE 560 025.

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…RESPONDENT

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(BY SRI DEEPAK BHASKAR, ADVOCATE)

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Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka

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THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 10.03.2023 PASSED ON IA IN OS NO.439/2018 ON THE FILE OF XXXIII ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY, ALLOWING THE IA FILED UNDER ORDER 7 RULE 11 OF CPC., FOR REJECTION OF PLAINT.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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NC: 2024:KHC:36400 RFA No. 2273 of 2023

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ORAL JUDGMENT

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Sri. Keshav M Datar, learned counsel for the

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appellant has filed memo dated 05.09.2024 seeking withdrawal of the petition. The memo reads as under:

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"The appellant most respectfully craves leave of this Hon'ble Court \to withdraw the present appeal with liberty to file a Comprehensive suit.

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WHEREFORE, it is most respectfully prayed that this Hon'ble Court be pleased to permit the Appellant to withdraw the present Appeal with liberty to file a Comprehensive suit, in the interest of justice and equity."

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2. In view of the memo filed, the appeal is

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dismissed as withdrawn.

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3. It is made clear that despite the liberty

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granted, the parties are entitled to canvas all possible

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grounds which would advance their respective cases

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including the ground of limitation.

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Sd/(V SRISHANANDA) JUDGE

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PSG

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List No.: 1 Sl No.: 49

K v. Prasad v M/S Ozone Realtos Private Limited

Case brief

What is this about?

What did the court decide?

K v. Prasad v M/S Ozone Realtos Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

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