Sri. T. Hanumantha vs Sri. G. Tejaram
2023 Latest Caselaw 5683 Kant

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                                                         NC: 2023:KHC:29169
                                                       RFA No. 1553 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 17TH DAY OF AUGUST, 2023

                                           BEFORE
                            THE HON'BLE MR JUSTICE K.NATARAJAN
                           REGULAR FIRST APPEAL NO. 1553 OF 2023
                   BETWEEN:

                   SRI. T. HANUMANTHA,
                   S/O THAYAPPA,
                   AGED ABOUT 32 YEARS,
                   NO. 21/8/B, (21/1)
                   VASANTHAPURA MAIN ROAD,
                   OPP: MANAPURAM GOLD LOAN,
                   KONANAKUNTE CROSS,
                   BENGALURU - 560 052.
                                                               ...APPELLANT
                   (BY SRI. GOPALA, ADVOCATE)
                   AND:

                   SRI. G. TEJARAM,
                   S/O SRI. GANGARAMJI,
                   AGED ABOUT 57 YEARS,
                   R/AT NO.47/1,
Digitally signed
by C SOWMYA        SIDDAPPA LAYOUT,
Location: High     NEAR GOPALAN JEWELS,
Court of
Karnataka          DODDAKALLASANDRA,
                   BENGALURU - 560 062.
                                                             ...RESPONDENT
                   (BY SRI. M. KRISHNAPPA, ADVOCATE)

                          THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
                   RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
                   24.06.2023 PASSED IN COM.OS NO.999/2022 ON THE FILE OF
                   THE LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
                   BENGALURU, DECREEING THE SUIT FOR EJECTMENT.
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                                          NC: 2023:KHC:29169
                                        RFA No. 1553 of 2023




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Office has raised objection regarding

maintainability of the appeal.

2. Learned counsel for the appellant has filed

memo seeks permission of this Court to convert the

regular first appeal into commercial appeal.

3. The memo and submission of learned counsel

for the appellant is taken on record.

4. Learned counsel for the appellant is permitted

to convert the present regular first appeal under Section

96 read with Order 41 Rule 1 of CPC into commercial

appeal under Section 13 of Commercial Courts Act.

Accordingly, the present appeal is disposed of for

statistical purpose.

Registry is directed to assign the new number and

place before the appropriate Bench.

NC: 2023:KHC:29169 RFA No. 1553 of 2023

In view of the dismissal of the main appeal,

I.A.No.1/2023 does not survive for consideration and the

same is disposed of.

Sd/-

JUDGE

SMC

CT:SNN