Yakub Khan vs Sri Nagaraja
2023 Latest Caselaw 5189 Kant

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                                                         NC: 2023:KHC:26901
                                                           MFA No. 8350 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 2ND DAY OF AUGUST, 2023

                                                BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 8350 OF 2022 (CPC)
                   BETWEEN:

                   1.    YAKUB KHAN
                         S/O YUSUFF KHAN
                         AGED 55 YEARS
                         R/AT 4/1 CLOES ROAD
                         FRAZER TOWN, BENGALURU - 560005.

                   2.    IDRIS KHAN
                         S/O YUSUFF KHAN
                         AGED 57 YEARS
                         R/AT POST OFFICE ROAD
                         SULIBELE VILLAGE KASABA HOBLI
                         HOSAKOTE TLAUK
                         BENGALURU RURAL DISTRICT.
                                                                  ...APPELLANTS
                   (BY SRI. MAHAMAD TAHIR A.,ADVOCATE)
Digitally signed
by                 AND:
DHANALAKSHMI
MURTHY
                   SRI NAGARAJA
Location: High
Court of           S/O APPAIAH
Karnataka          AGED 50 YEARS
                   R/AT NAGARETHBEEDI NO. 122
                   SULIBELE VILLAGE, KASABA HOBLI
                   HOSAKOTE TALUK
                   BENGALURU RURAL DISTRICT.
                                                                 ...RESPONDENT
                          THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
                   SECTION    151   OF   CPC,    AGAINST   THE   ORDER   DATED
                   17.07.2018 PASSED IN MISC.NO.16/2018 ON THE FILE OF THE
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                                    NC: 2023:KHC:26901
                                       MFA No. 8350 of 2022




PRL. CIVIL JUDGE AND JMFC, HOSAKOTE,        DISMISSING THE
PETITION FILED UNDER ORDER 9 RULE 9 OF CPC AND ALSO
PRAYING TO RESTORE THE ORDER DATED 31.10.2022 IN
OS.NO.28/2013.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

The learned counsel for the appellant has filed a

memo dated 2.8.2023 stating that appellant may be

permitted to represent the appeal before the appropriate

legal forum and seeks for return of the appeal memo along

with certified copy of the impugned order of the trial court.

The memo is placed on record.

Office is directed to return the appeal memo along

with certified copy of the impugned order of the trial court

to the appellant to enable the appellant to present the

same before the appropriate legal forum, after retaining

the Photostat copies of the same.

NC: 2023:KHC:26901 MFA No. 8350 of 2022

The appellant is directed to present the same before

the appropriate legal forum within two weeks from the

date of receipt of certified copy of the impugned order of

the Trial Court from the registry.

For statistical purpose, the appeal is disposed of.

Sd/-

JUDGE

DM