Dismissed¶33

Sri. C. M. Eshwar Swaroop v. Sri. Mr. Riyaz Ahmed

Karnataka HC12 Dec 2025RFA/227/2019

Case brief

AI extract

What is this about?

Karnataka HC RFA 227/2019 (INJ): appeal u/S.96 CPC against trial-court order dt. 02.11.2018 (LXXII Addl. City Civil & Sessions Judge, CCH-73, Bengaluru) partly allowing IA No.3 under Order VII Rule 11(a) CPC for rejection of plaint in OS No.26470/2014; dismissed as withdrawn on appellants' memo, with liberty to file comprehensive suit against present purchasers; Judge: Hanchate Sanjeevkumar; decided 12-12-2025.

What did the court decide?

Appeal dismissed as withdrawn, with liberty to file a comprehensive suit against the present purchasers, as prayed for in the memo. ¶33

Sri. C. M. Eshwar Swaroop Vs Sri. Mr. Riyaz Ahmed — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:53245 RFA No. 227 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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REGULAR FIRST APPEAL NO. 227 OF 2019 (INJ)

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BETWEEN:

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SRI. C. M. ESHWAR SWAROOP S/O. SRI. C. MUNIKRISHNA, AGED ABOUT 25 YEARS, R/AT NO. 1, MATHURSHREE NILAYA, 7TH CROSS, CIL LAYOUT, CHOLANAYAKANAHALLI, R.T. NAGAR POST, BANGALORE - 560 032.

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SRI. C. S. SURAYAKANTHA RAO S/O. LATE SRI. SRINIVASA RAO, AGED ABOUT 58 YEARS, RESIDING AT NO.102, 7TH CROSS, WILLIAMS TOWN EXTENSION, BENSON TOWN, BANGALORE - 560 046.

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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SRI. R. RAVINDRA RAO S/O. SRI. G. RATNOJI RAO, AGED ABOUT 50 YEARS, R/AT NO. 120, MACCAN ROAD, SHIVAJINAGAR, BANGALORE - 560 001.

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(BY SRI. B.J. JANARDHANA REDDY, ADVOCATE)

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…APPELLANTS

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AND:

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SRI. MR. RIYAZ AHMED S/O. ABDUL JABBAR, AGED ABOUT 57 YEARS, R/AT NO. 39, 2ND FLOOR, SIRSI ROAD, 6TH CROSS, CHAMARAJPET, BANGALORE - 560 018.

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2 - NC: 2025:KHC:53245 RFA No. 227 of 2019

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HC-KAR

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SRI. LAKSHMIPATHY BABU S/O. LATE SRI. NARASIMHAIAH, AGED ABOUT 66 YEARS, R/AT NO. 242, 1ST CROSS, 2ND BLOCK, 3RD STAGE, BSK, BANGALORE - 560 085.

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THE COMMISSIONER, BBMP HUDSON CIRCLE, N.R. ROAD, BANGALORE - 560 001.

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THE ASSISTANT REVENUE OFFICER BBMP WARD NO. 62, (OLD NO. 92), QUEENS ROAD, BANGALORE - 560 046.

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…RESPONDENTS

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(BY SRI. SYED SALMAN KHOMEINI, ADVOCATE FOR R1; SRI. A. JAGANATH, ADVOCATE FOR R3 AND R4; R2 - NOTICE SERVED)

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THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE ORDER DATED 02.11.2018 PASSED ON IN NO.3 IN OS NO.26470/2014 ON THE FILE OF THE LXXII ADDL.CITY CIVIL AND SESSIONS JUDGE, [CCH-73], BENGALURU PARTLY ALLOWING THE IA NO.3 FILED UNDER ORDER VII RULE 11[a] 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 HANCHATE SANJEEVKUMAR

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NC: 2025:KHC:53245 RFA No. 227 of 2019

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HC-KAR

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ORAL JUDGMENT

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