Dismissed¶30

Mr.Nagavarma Prabhu a v. Mrs.Srilakshmi N

Karnataka HC19 Aug 2025RFA/628/2025

Case brief

AI extract

What is this about?

Maintainability of Regular First Appeal under Section 96 CPC against Family Court decree; appeal to High Court under Section 19(1) Family Courts Act 1984 on facts and law; suit for declaration and permanent injunction O.S. No. 291/2019 dismissed by Family Court Bengaluru; RFA dismissed as not maintainable; liberty to appeal before appropriate Court and Section 14 Limitation Act 1963 time exclusion; Karnataka High Court, Justice K.S. Hemalekha, 2025.

What did the court decide?

Appellant granted liberty to file an appeal before the appropriate Court in accordance with law, and liberty reserved to seek exclusion of time under Section 14 of the Limitation Act, 1963. ¶30

Mr.Nagavarma Prabhu a Vs Mrs.Srilakshmi N — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:32236 RFA No. 628 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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REGULAR FIRST APPEAL NO.628 OF 2025 (DEC/INJ)

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BETWEEN:

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MR. NAGAVARMA PRABHU .A S/O LATE GOPALAKRISHNA ANANTHAN AGED ABOUT 44 YEARS, EARLIER AT NO.227, 1^ST FLOOR, HRBR LAYOUT 1^ST BLOCK, KALYAN NAGAR, BENGALURU-560043.

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PRESENTLY RESIDING AT: FLAT NO.207, ARJUN AURA APARTMENT, 97/4, 5^TH CROSS, BILEKAHALLI, OFF: BANNERGHATTA ROAD, BENGALURU-560076.

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…APPELLANT

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(BY SRI R M ANNAMALAI, ADVOCATE)

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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AND:

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MRS. SRILAKSHMI .N W/O MR. NAGAVARMA PRABHU .A AGED ABOUT 43 YEARS, D/O MR. NARAYANASWAMY N.K. HAVING PERMANENT RESIDENT AT NO.159, 3^RD CROSS, RAMAKRISHNA NAGAR, 4^TH BLOCK, NANDINI LAYOUT. BENGALURU-560096.

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PRESENTLY RESIDING AT FLAT NO.R-702, ROHAN JAROKA II, KEMPAPURA MAIN ROAD, YAMALURU, BELLANDUR, BENGALURU-560037.

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…RESPONDENT

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2 - NC: 2025:KHC:32236 RFA No. 628 of 2025

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HC-KAR

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THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.02.2025 PASSED IN O.S.NO.291/2019 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

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The present Regular First Appeal is preferred by the plaintiff assailing the legality and correctness of the judgment and decree dated 03.02.2025 passed in OS No. 291/2019 on the file of the I Additional Principal Judge, Family Court, Bengaluru.

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The suit for declaration and permanent injunction is filed before the Family Court, Bengaluru and by the impugned judgment and decree the suit came to be dismissed. Section 19 (1) of the Family Courts Act, 1984 (for short ‘the Act’) clearly envisages that, an appeal would lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. The present Regular First

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3 - NC: 2025:KHC:32236 RFA No. 628 of 2025

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HC-KAR

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Appeal under Section 96 of the Code of Civil Procedure is

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not maintainable in light of Section 19(1) of the Act.

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3. Accordingly, the appeal is dismissed as not

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maintainable. Appellant is at liberty to file an appeal before the appropriate Court in accordance with law. Liberty is reserved to the appellant to seek exclusion of time under Section 14 of the Limitation Act, 1963 in accordance with law.

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Sd/-

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JUSTICE K.S. HEMALEKHA

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CKL

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List No.: 2 Sl No.: 16

Mr.Nagavarma Prabhu a v. Mrs.Srilakshmi N

Case brief

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Mr.Nagavarma Prabhu a v. Mrs.Srilakshmi N

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