Karnataka High Court
Yellappa By Lr Venkatamma vs M/S Citilights Estates Pvt Ltd on 14 June, 2023
Bench: Anant Ramanath Hegde
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NC: 2023:KHC:20499
RFA No. 968 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
REGULAR FIRST APPEAL NO. 968 OF 2023
BETWEEN:
YELLAPPA BY LR
VENKATAMMA
W/O LATE YELLAPPA
AGED ABOUT 73 YEARS
R/AT SARJAPUR VILLAGE
SARJAPURA HOBLI,
ANEKAL TALUK
BANGALORE URBAN DISTRICT 562125
...APPELLANT
(BY SRI. GURURAJ KULKARNI.,ADVOCATE)
AND:
1. M/S CITILIGHTS ESTATES PVT LTD
A COMPANY CORPORATE UNDER
THE PROVISION OF COMPANIES ACT 1956
HAVING ITS REGISTERED OFFICE AT
NO 1/1, NEW PUSHPA VIHAR,
OFF COLABA POST OFFICE,
Digitally signed MUMBAI 400005
by BELUR AND ALSO
RANGADHAMA
NANDINI HAVING ITS BRANCH OFFICE AT
Location: HIGH NO 3795, 7TH MAIN, HAL 2ND STAGE,
COURT OF INDIRANAGAR, BANGALORE 560038
KARNATAKA
BY ITS AUTHORIZED SIGNATORY
MR POOVANNA
2. SHANTAKUMAR
S/O YELLAPPA
AGED ABOUT 47 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
3. RAMASWAMY
S/O YELLAPPA
AGED ABOUT 35 YEARS,
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NC: 2023:KHC:20499
RFA No. 968 of 2023
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
4. LAKSHMAMMA
W/O LATE MUNISWAMY
AGED ABOUT 65 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
5. ANANTHARAJU
S/O LATE MUNISWAMY
AGED ABOUT 40 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
6. VENKATESH
S/O LATE MUNISWAMY
AGED ABOUT 37 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
7. ABBAIAH
S/O LATE GURAPPA
AGED ABOUT 65 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
8. S A GOPI
S/O ABBAIAH
AGED ABOUT 35 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
9. ANIL KUMAR
S/O ABBAIAH
AGED ABOUT 33 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
10. ANITHA KUMARI
D/O ABBAIAH
AGED ABOUT 31 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
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NC: 2023:KHC:20499
RFA No. 968 of 2023
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
11. KIRAN KUMAR
S/O ABBAIAH
AGED ABOUT 29 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
12. MUTTURAJU
S/O ABBAIAH
AGED ABOUT 27 YEARS
R/AT SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT 562125
13. D V BHUVANESH
S/O LATE VEERABHADRAIAH
PROPRIETOR OF A V DEVELOPERS,
DOMMASANDRA VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK,
BANGALORE 562125
...RESPONDENTS
THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41
RULE 1 OF CPC AGAINST THE JUDGMENT AND AWARD DATED
23.02.2022 PASSED IN COM. A.S.NO.78/2017 ON THE FILE OF THE
LXXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU DISMISSING THE SUIT/PETITION FILED AGAINST THE
JUDGMENT AND AWARD DATED 20.07.2015 PASSED IN
A.C.NO.107/2014 ON THE FILE OF THE SOLE ARBITRATOR,
ARBITRATION CENTRE - KARNATAKA (DOMESTIC AND
INTERNATIONAL), BENGALURU.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:20499
RFA No. 968 of 2023
JUDGMENT
1. This appeal is filed under Order XLI Rule 1 and 2 of the
Code of Civil Procedure impugning the judgment and decree
dated 23.02.2022 passed in Com.A.S. No.78/2017 on the file of
LXXXVII Additional City Civil & Sessions Judge, Bengaluru.
2. Since the impugned judgment and decree are passed by
the Commercial Court, the appellant is permitted to convert
this appeal into Commercial Appeal.
3. The appeal is disposed for statistical purpose.
Sd/-
JUDGE
HNM
