Sri Gajendra Bhan Singh vs Cg Parivar Global Vision
2023 Latest Caselaw 3252 Kant

                                            -1-
                                                   NC: 2023:KHC:20432
                                                      RFA No. 1757 of 2022




                     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. 1757 OF 2022 (MON)


                   BETWEEN:

                   SRI GAJENDRA BHAN SINGH
                   AGED ABOUT 63 YEARS
                   PROPRIETOR OF JAIPUR GEMS & JEWELS
                   PARADISE SHOP NO.3, 1ST FLOOR
                   ABOVE TRUST MEDICALS, NEAR SHANTHI SAGAR
                   HOTEL R. T. NAGAR MAIN ROAD
                   BENGALURU -560032
                                                                ...APPELLANT
                   (BY SRI. GOVARDHAN. S., ADVOCATE (ABSENT))

                   AND:

                   M/S. CG PARIVAR GLOBAL VISION
                   3RD FLOOR ND ELITE
Digitally signed
by BELUR           NO.871, 2ND STAGE NEAR MODI HOSPITAL
RANGADHAMA         WEST OF CHORD ROAD BASAVESHWAR
NANDINI
                   NAGAR, BENGALURU -560086
Location: HIGH
COURT OF           REP. BY IT'S AUTHORIZED SIGNATORY
KARNATAKA          SRI. SATISH SETTY
                                                            ...RESPONDENT
                       THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41
                   RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE
                   DATED 20.04.2021 PASSED IN SC NO.1478/2019 ON THE FILE
                   OF THE VII ADDITIONAL JUDGE AND ACMM, BENGALURU,
                   DECREEING THE SUIT FOR RECOVERY OF MONEY.

                       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                   COURT DELIVERED THE FOLLOWING:
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                                         NC: 2023:KHC:20432
                                                RFA No. 1757 of 2022




                            JUDGMENT

The appellant in this Regular First Appeal is impugning

the judgment and decree dated 20.04.2021 passed by the VII

Additional Judge of Small Causes Court, Bengaluru whereby the

appellant/defendant is directed to pay to the plaintiff

Rs.1,38,000/- along with interest @ 6% per annum from the

date of the suit till the date of payment.

2. The Registry has raised objection to the

maintainability of the appeal in view of the remedy available

under Section 18 of the Karnataka Small Cause Courts Act,

1964 (hereinafter referred to as 'the Act of 1964).

3. Under Section 17 of the Act of 1964, appeal lies

only in respect of the orders passed under Section 35A, Section

95 and to the extent provided by Section 104 of the Code of

Civil Procedure.

4. The present case does not fall under Section 17 of

the Act of 1964. The remedy or revision is made available

under Section 18 of the Act of 1964.

NC: 2023:KHC:20432 RFA No. 1757 of 2022

5. Accordingly, the present appeal is ordered to be

converted into Civil Revision Petition. The appellant shall

substitute the appeal memo by a petition in conformity with the

requirement of a Civil Revision Petition.

6. For statistical purpose, the case is disposed of.

Sd/-

JUDGE

GVP