Smt Tanveer Iqbal vs T R Tabeeb-Ur-Rahman
2023 Latest Caselaw 3705 Kant

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                                                      NC: 2023:KHC:22084
                                                          MSA No. 118 of 2021




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 26TH DAY OF JUNE, 2023

                                             BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS SECOND APPEAL NO. 118 OF 2021 (RO)

                   BETWEEN:

                   1.    SMT. TANVEER IQBAL
                         W/O. B. ZABIULLA,
                         AGED ABOUT 41 YEARS,
                         RESIDING AT A1-RIYAN BUILDING,
                         4TH CROSS, 2ND LANE,
                         JOGIMATTI ROAD,
                         CHITRADURGA-577 501.
                                                             ...APPELLANT

                              (BY SRI T. SHESHAGIRI RAO, ADVOCATE)

                   AND:

                   1.    T.R. TABEEB-UR-RAHMAN
                         S/O. LATE ABDUL RAHMAN,
Digitally signed
by SHARANYA T            AGED ABOUT 56 YEARS,
Location: HIGH           R/AT A-1, RIYAN BUILDING,
COURT OF
KARNATAKA                4TH CROSS, 2ND LANE,
                         JOGIMATTI ROAD,
                         CHITRADURGA-577 501.
                                                               ...RESPONDENT

                        THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC
                   AGAINST THE JUDGMENT AND DECREE DATED 24.02.2020
                   PASSED IN R.A.NO.62/2019 ON THE FILE OF THE I
                   ADDITIONAL SENIOR CIVIL JUDGE, CHITRADURGA, ALLOWING
                   THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
                   DATED 13.06.2019 PASSED IN O.S.NO.536/2018 ON THE FILE
                   OF THE C/c III ADDITIONAL CIVIL JUDGE AND JMFC,
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                                      NC: 2023:KHC:22084
                                          MSA No. 118 of 2021




CHITRADURGA, DECREEING THE SUIT AND REMANDING BACK
THE MATTER TO TRIAL COURT.

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

                          JUDGMENT

This matter is listed for admission and I have heard the

learned counsel for the appellant.

2. This appeal is filed challenging the judgment and

decree dated 24.02.2020 passed in R.A.No.62/2019 on the file

of the I Additional Senior Civil Judge, Chitradurga, allowing the

appeal and setting aside the judgment and decree dated

13.06.2019 passed in O.S.No.536/2018 on the file of the C/C

III Additional Civil Judge and JMFC, Chitradurga, decreeing the

suit and remanding back the matter to the trial court.

3. This Court earlier directed the learned counsel for

the appellant to verify the status of the proceedings before the

Trial Court and now, the learned counsel for the appellant

submits that the evidence has already been commenced.

4. When such being the facts and circumstances of the

case and when the evidence and trial has already been

commenced, the appeal does not survive for consideration.

NC: 2023:KHC:22084 MSA No. 118 of 2021

However, it is made clear that the Trial Court, while considering

the matter on merits shall not be influenced with the

observations made by the First Appellate Court while

remanding the matter and consider the matter on merits in

accordance with law.

Accordingly, the appeal is dismissed.

Sd/-

JUDGE

ST