The Court dismissed an appeal filed under Section 96 of the CPC as not maintainable regarding an order passed under Section 75 of the CPC. The appellant was granted liberty to approach the appropriate forum for necessary recourse.
Liberty granted to the appellant to take necessary recourse before the appropriate forum.
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.
NC: 2024:KHC:23999 RFA No. 356 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO. 356 OF 2024 (INJ)
BETWEEN:
SRI. ANTHONIRAJ, S/O LATE MARIYAPPA, AGED ABOUT 39 YEARS, R/A NO 7 /05, NEAR ANJANEYA TEMPLE, A.K. COLONY, UTTARAHALLI, SUBRAMANYAPURA, BANGALORE - 560 061.
…APPELLANT
(BY SRI. MATHEW P.M., ADVOCATE)
AND:
Digitally signed by SUMITHRA R Location: HIGH COURT OF KARNATAKA
SMT. VARALAKSHMI, MAJOR BY AGE, W/O HARISH, D/O BYLAPPA, RESIDING AT NO.10, 6TH MAIN, OPP. SBI BANK, NEAR BAYALANJANEYA SWAMY PRASANNA, SHREE NILAYA NEXT HOUSE, BENGALURU - 560 061.
…RESPONDENT
THIS RFA IS FILED U/S 96 OF THE CODE OF CIVIL PROCEDURE PRAYING TO SET-ASIDE THE ORDER DATED: 04.12.2023 PASSED IN O.S.NO.5354/2018 ON THE FILE OF THE XVIII ADDL CITY CIVIL JUDGE, CCH-10, BANGALORE CITY DISPOSING THE SUIT AND ALLOW THIS APPEAL AS SOUGHT FOR BY ALLOWING THE IA, IN THE INTEREST OF JUSTICE AND EQUITY.
NC: 2024:KHC:23999 RFA No. 356 of 2024
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
As against the order dated 04.12.2023 passed on I.A.No.VII filed under Section 75 of the CPC in O.S.No.5354/2018, the present appeal is filed.
Sd/JUDGE
BKN List No.: 1 Sl No.: 10
2 issues framed by the court
1. Whether an appeal against an order under Section 75 of the CPC is maintainable under Section 96 of the CPC.
2. How should an appeal dismissed as not maintainable be resolved procedurally.
2 provisions across 1 enactments
Sri. Anthoneiraj
Smt. Varalakshmi
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
