Sri Eshwarappa vs The Central Muslim Association Of ...
2023 Latest Caselaw 5418 Kant

                                                -1-
                                                              NC: 2023:KHC:27882
                                                         RFA No. 1514 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 8TH DAY OF AUGUST, 2023

                                              BEFORE
                               THE HON'BLE MR JUSTICE K.NATARAJAN
                              REGULAR FIRST APPEAL NO. 1514 OF 2023
                      BETWEEN:

                      1.    SRI ESHWARAPPA
                            S/O LATE NARAYANA SWAMY
                            AGED 43 YEARS

                      2.    SRI SURYANARAYANA
                            S/O LATE NARAYANA SWAMY

                            BOTH ARE RESIDING AT:
                            NO.238/11
                            MOHAMMED SHARIFF EDUCATION
                            TRUST BUILDING
                            SUBEDAR CHATRAM ROAD
                            YESHWANTHPUR
                            BENGALURU - 560 022.
Digitally signed by                                                ...APPELLANTS
BHAVANI BAI G
Location: High
Court of Karnataka
                      (BY SRI. N.MAHALINGA BHAT., ADVOCATE)

                      AND:

                      THE CENTRAL MUSLIM ASSOCIATION
                      OF KARNATAKA
                      REPRESENTED BY ITS
                      GENERAL SECRETARY
                      DR.ZAHIRUDDIN AHMED
                      OFFICE OF ABBAS KHAN
                      COLLEGE FOR WOMEN
                      O.T.C. ROAD CROSS
                                -2-
                                            NC: 2023:KHC:27882
                                         RFA No. 1514 of 2023




BENGALURU - 560 002.
                                                ...RESPONDENT
(BY SRI. SYED SHAHQIL SHAD., ADVOCATE)

     THIS REGULAR FIRST APPEAL FILED UNDER SECTION 96
READ WITH ORDER LXI RULE - 1 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 20.04.2023      PASSED   IN
SC.No.920/2019, BY THE VI ADDITIONAL SMALL CAUSES
JUDGE AND ACMM, BENGALURU, DECREEING THE SUIT FOR
EJECTMENT.

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

Though the matter is listed today and the matter is called

twice, in the morning and again in the afternoon at 12.45 p.m.,

the learned counsel for the appellants remains absent.

2. Office has raised an objection that the appeal is not

maintainable in terms of Section 18 of the Karnataka Small

Cause Courts Act, 1964 and the remedy of filing a civil revision

petition is available to the appellants against the impugned

judgment and decree dated 20.04.2023, passed in

S.C.No.920/2019, by the VI Additional Small Causes Judge and

ACMM, Bengaluru.

3. Therefore, the present appeal is dismissed as it is not

maintainable in terms of Section 18 of the Karnataka Small

NC: 2023:KHC:27882 RFA No. 1514 of 2023

Cause Courts Act, 1964. However, liberty is granted to the

appellants to file a revision petition before the appropriate

Court.

Office is directed to return the documents to the learned

counsel for the appellants.

Pending I.A.'s if any, is also disposed.

Sd/-

JUDGE

nvj