Smt. Fathi Mary v. the Police Inspector (Armed)
Case brief
What is this about?
Maintainability of Regular First Appeal under Section 96 CPC where plaint valued at Rs. 1,000/- for court fee and jurisdiction; appeal against dismissal of suit for declaration and injunction (O.S. No. 89/2019, Senior Civil Judge and JMFC, Bhadravathi) dismissed as not maintainable; liberty to approach appropriate appellate Court with Section 14 exclusion of time if filed within four weeks; parties: Fathim Mary, Selvakumar, Sheela Sundari, Aginal Ravikumar, William Sampath Kumar v. Police Inspector (Armed) DAR Bhadravathi, Superintendent of Police Shivamogga, State of Karnataka; counsel: Hiremathad Maheshiah Rudrayya; judge: Sachin Shankar Magadum; NC: 2025:KHC:23992.
What did the court decide?
Appeal dismissed as not maintainable; liberty reserved to the appellants to prefer an appeal before the appropriate appellate Court, with exclusion of the time spent before this Court under Section 14 of the Act if the appeal is filed within four weeks; Registry to return the certified copy of the judgment and decree upon the appellants furnishing photocopies.