The High Court of Karnataka disposed of Regular First Appeal No. 2417 of 2023 by dismissing it as withdrawn. The court granted liberty to the appellants to file a fresh appeal if an adverse order is passed in a related review application or cross appeal.
Appeal dismissed as withdrawn; liberty granted to file a fresh appeal if an adverse order is passed.
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 14TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN REGULAR FIRST APPEAL NO. 2417 OF 2023 (RES)
BETWEEN:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
TUMAKURU DISTRICT – 572 101.
…APPELLANTS
(BY SRI. KOTEGOWDA R., FOR SRI. GIRISH B BALADARE, ADVOCATE)
AND:
SUPERINTENDENT ENGINEER, BESCOM, 'O' AND 'M', CIRCLE, OLD KOTHITHOPU ROAD, TUMAKURU, TUMKURU DISTRICT – 572 101.
…RESPONDENT
(BY SRI. H.V.DEVARAJU., ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST THE JUDGMENT AND DECREE DATED 16.06.2023 PASSED IN O.S.NO.774/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, PARTLY DECREEING THE SUIT FOR DAMAGES.
THIS RFA, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
Learned counsel for the appellants and learned
counsel for respondent are present.
memo for withdrawing this appeal with liberty to file a
fresh appeal, if any adverse order is passed against the appellants in R.A.No.92/2024 filed by the respondent BESCOM and in the cross appeal filed by the appellants in the District Court.
Sd/(K.NATARAJAN) JUDGE
BMV*
List No.: 1 Sl No.: 26
1 issue framed by the court
Whether to allow the withdrawal of the appeal with liberty to file a fresh appeal if an adverse order is passed.
1 provisions across 1 enactments
RAMAKRISHNA
PADMAVATHI
S. SHIVA
S. KAMAKSHAMMA
SUPERINTENDENT ENGINEER, BESCOM
K. NATARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
