Citation : 2022 Latest Caselaw 11389 Kant
Judgement Date : 16 August, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
R.F.A.No.1399/2022(SP)
BETWEEN:
SRI.RAVIKUMAR
S/O THAMMAIAH
AGED ABOUT 44 YEARS
R/AT FEEROZ FARM
IJOOR POST, B.M.ROAD,
RAMANAGARA-562 159 ..APPELLANT
(BY SRI.H.JAYANTH, ADVOCATE)
AND:
SRI.C.K.LAVAKUMAR
S/O LATE K.C.KEMPEGOWDA
AGED ABOUT 53 YEARS
R/AT NO.17/1, 5TH CROSS,
2ND MAIN ROAD,
K.N.EXTENSION,
YESHWANTHAPURA
BENGALURU-560 022. ..RESPONDENT
THIS RFA IS FILED UNDER SECTION 96 OF CPC
AGAINST THE ORDER DATED 22.04.2021 PASSED IN
O.S.No.341/2015 ON THE FILE OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND CJM, RAMANAGARA, ALLOWING THE IA
FILED UNDER ORDER 7 RULE 11(d) OF CPC FOR REJECTION
OF PLAINT.
2
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for appellant files a memo.
Memo reads as under:
"The undersigned Counsel for the appellant
most humbly submits that, the above regular
first appeal filed herein is inadvertently filed
before this Hon'ble Court as the said appeal
valuation is for Rs.9,00,000/- (Nine Lakhs
Only). The said appeal should have been filed
before the District Court, Ramanagara. I most
humbly request this Hon'ble Court be pleased
to permit me to file the same before the District
Court, Ramanagara and prosecute the same
therein in the interest of justice."
Appeal stands disposed of for the purpose of
statistics and appeal papers are ordered to be returned
for presentation before proper court in terms of Order
VII Rule 10 CPC.
Sd/-
JUDGE
SBN
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