Sri. Balaji Sreenivasan v. Sri. M. Muniswamy
Case brief
What is this about?
HC-Karnataka (Bengaluru), V Srishananda J., 17-06-2026, RSA No. 1024 of 2026: second appeal under S.100 CPC dismissed as not maintainable where, per order dated 19.08.2024 in RSA No.1518/2013, the First Appellate Court had remitted the matter to the Trial Court; appellant and counsel absent; liberty reserved to challenge the first appellate order (RA No.420/2012 dated 13.03.2026, which had reversed OS No.229/2008 decree dated 30.07.2012) separately. No case cited; no quantum involved.
What did the court decide?
The present appeal is not maintainable: pursuant to the Order dated 19.08.2024 in RSA No.1518/2013 the First Appellate Court remitted the matter to the Trial Court, and a second appeal under Section 100 of the Code of Civil Procedure is not maintainable against such remand order; perusing the office note and taking note of the latest order passed in the Regular Appeal, the court held the appeal not maintainable.