M/S Janani Built Tech vs Mr Lakshmisha Thantri
2023 Latest Caselaw 5298 Kant

                                                        -1-
                                                                NC: 2023:KHC:27537
                                                                  RFA No. 1679 of 2022




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                   DATED THIS THE 4TH DAY OF AUGUST, 2023

                                                    BEFORE
                                     THE HON'BLE MR JUSTICE K.NATARAJAN
                                 REGULAR FIRST APPEAL NO. 1679 OF 2022 (MON)
                          BETWEEN:

                          1.   M/S JANANI BUILT TECH
                               REPRESENTED BY ITS PROPRITEOR
                               MR UPADYAYAA PADHMANABHA K
                               S/O LATE RAGHAVENDRA UPADYAYA
                               AGED ABOUT 52 YEARS
                               NO.378/12, 2ND FLOOR
                               42ND CROSS, 9TH MAIN
                               5TH BLOCK, JAYANAGAR
                               BANGALORE 41

                               PRESENTLY R/AT NO.178
                               DASEGOWDANAPALYA
                               BSK 6TH STAGE, 7TH BLOCK
                               BANGALORE - 560 060
                                                                           ...APPELLANT
                          (BY SRI. K V SHYAMAPRASADA, ADVOCATE)
                          AND:
Digitally signed by
VEDAVATHI A K
Location: High Court of
                          1.   MR LAKSHMISHA THANTRI
Karnataka
                               S/O MR KRISHNA THANTRI
                               AGED ABOUT 46 YEARS

                          2.   MRS ARPITHA THANTRI
                               W/O LAKSHMISHA THANTRI
                               AGED ABOUT 42 YEARS

                               BOTH ARE R/AT NO 135, 3RD MAIN
                               NOBAL RESIDENCENY LAYOUT
                               YELENAHALLI
                               BANERUGHATTA ROAD
                               BANGALORE - 560 076
                                                                        ...RESPONDENTS
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                                        NC: 2023:KHC:27537
                                          RFA No. 1679 of 2022




      THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED
11.04.2022 PASSED IN COM.O.S.No.244/2020 ON THE FILE OF THE
LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DISMISSING THE SUIT FOR RECOVERY OF MONEY.

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

Office has raised objections regarding maintainability of

the RFA.

At this stage, learned counsel for the appellant orally

seeking permission to convert the RFA(MON) into Commercial

Appeal.

The Submission of the learned counsel is placed on

record.

The learned counsel for the appellant is permitted to

convert the RFA into Commercial Appeal.

For the said purpose, this appeal is disposed of.

Office to assign new number and place the matter before

the roaster bench.

Sd/-

JUDGE