The High Court of Karnataka dismissed a regular second appeal filed under Section 100 CPC as withdrawn by the appellant, who was granted liberty to file a suit on the same cause of action.
Case disposed of as withdrawn; liberty granted to file suit on same cause of action.
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 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1768 OF 2021 (DEC/INJ)
BETWEEN:
AJIT SINGH BHANDARI, AGED ABOUT 82 YEARS S/O LATE MR. I.S.BHANDARI, R/AT NO.06, EASTERN AVENUE, GROUND FLOOR, (REAR SIDE), MAHARANI SINGH, NEW DELHI - 110 065.
REPRESENTED BY HIS SON AND G.P.A. HOLDER, MR.ARJUN SINGH BHANDARI, AGED ABOUT 48 YEARS, RESIDING AT T-04, "VERVE ON THE CURVE", THIRD FLOOR, ECC ROAD, OUTER CIRCLE, CORNER, WHITEFIELD, BANGALORE - 560 066.
Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA
(BY SRI. VIVEKANANDA, ADVOCATE FOR SMT. GANGABAI V, ADVOCATE)
…APPELLANT
AND:
…RESPONDENTS
(BY SRI NARAYANA KUMAR V.J., ADVOCATE FOR C/R3)
THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII OF CPC AGAINST THE JUDGMENT AND DECREE DATED 13.01.2021 PASSED IN RA.No.15037/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DATED 12.03.2019 PASSED ON IA IN OS No.263/2017 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING THE IA FILED UNDER ORDER VII RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
After hearing the matter for sometime, learned counsel
for the appellant files a memo seeking leave of the court to withdraw the appeal with a liberty to file a suit on the same cause of action.
Memo is placed on record.
The appeal is dismissed as withdrawn with the aforesaid liberty.
Sd/(ASHOK S.KINAGI) JUDGE
DS
List No.: 1 Sl No.: 4
Ajit Singh Bhandari
Bangalore International Airport Area Planning Authority
Assisnat Director Bangalore International Airport Area Planning Authority
M/s Bhandari Construction and Developer Private Limited
Mr. Angad Singh Bedi
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
