Karnataka High Court
Sri M S Raghunandan vs Smt Boramma on 27 November, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2023:KHC:43475
RFA No. 613 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.613 OF 2015 (DEC/INJ)
BETWEEN:
SRI M S RAGHUNANDAN
S/O LATE M. SRINIVAS MURTHY
AGED ABOUT 53 YEARS,
R/O DOOR NO.377,
5TH MAIN ROAD, 3RD BLOCK,
3RD STAGE, NEAR KRISHNA HIGH SCHOOL,
BASAVESHWARANAGAR,
BANGALORE-560 079.
...APPELLANT
(BY SRI K SREEDHAR, ADVOCATE)
AND:
1. SMT BORAMMA
W/O LATE BYRAPPA
AGED ABOUT 69 YEARS,
Digitally
R/O BABASAHEBARA PALYA,
signed by R
MANJUNATHA
BASAVESHWARANAGAR,
Location: (NEAR BANGALORE-MYSORE B.G.
HIGH COURT
OF RAILWAY LINE), UNDER KENGERI PURASABE
KARNATAKA
KARYALAYADA VYAPTI, KENGERI LHOBLI,
BABASAHEBARAPALYAM,
BANGLAORE-560 060.
2. SRI. THIMMARAJU
S/O LATE BYRAPPA &
SMT. BORAMMA
AGED ABOUT 49 YEARS,
R/O BABASAHEBARA PALYA,
BASAVESHWARANAGAR,
-2-
NC: 2023:KHC:43475
RFA No. 613 of 2015
(NEAR BANGALORE-MYSORE B.G.,
RAILWAY LINE), UNDER KENGERI PURASABHE
KARYALAYADA AVYAPTI,
KENGERI HOBLI,
BABASAHEBARAPALYAM,
BANGALORE-560 060.
3. SRI. MUNIRAJU
S/O LATE RANGAPPA @
MUDDAPPA,
AGED ABOUT 47 YEARS,
R/O BABASAHEBARA PALYA,
BASAVESHWARANAGAR,
(NEAR BANGALORE-MYSORE B.G.,
RAILWAY LINE), UNDER KENGERI PURASABHE
KARYALAYADA AVYAPTI,
KENGERI HOBLI,
BABASAHEBARAPALYAM,
BANGALORE-560 060.
4. SRI. B.V. DIKSHIT KUMAR
S/O LATE B.S. VENKATARATNAM,
AGED ABOUT 49 YEARS,
M/S ADIPOOJITHA CHITS PVT. LTD.,
SRI. VARASIDDI ENTERPRISES,
LAND DEVELOPERS &
DEALERS IN LANDS AND SITES,
R/O "ADI POOJITHA"
NO.55/24/5/46TH CROSS
4TH BLOCK, RAJAJINAGAR,
BANGALORE-560 010.
5. SRI. K.N. HARINATH
S/O LATE NAVNEETHA RAMAIAH
AGED ABOUT 54 YEARS,
MANAGING DIRECTOR,
M/S HARI LAND DEVELOPERS,
NO.1433/1, SRI. KRISHNADEVARAYA ROAD,
(NEAR MAGADI ROAD
TOLLGATE),
PIPELINE ROAD,
VIJAYANAGAR,
-3-
NC: 2023:KHC:43475
RFA No. 613 of 2015
BANGALORE-560 040.
6. SRI. S.K. VENKATESH
AGED ABOUT 54 YEARS,
MANAGING DIRECTOR,
SRI. DURGAMBA ENTERPRISES
DEALERS IN LANDS AND PROPERTIES,
NO.1089, 8TH MAIN 5T CROSS,
VIJAYANAGAR,
BANGALORE-560 040.
...RESPONDENTS
(R4 - SERVED;
R1 TO R3 SERVICE HELD SUFFICIENT;
R5-R6 APPEAL DISMISSED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND
DECREE DATED 20.11.2014 PASSED IN OS NO.6872/2006 ON
THE FILE OF THE XLIII ADDL. CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, (CCH 44) DISMISSING THE SUIT FOR
DECLARATION AND INJUNCTION.
THIS REGULAR FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Application is filed by the appellant under Order 23 Rule 1
of Code of Civil Procedure supported by the affidavit.
2. Perused the same. The suit in the Trial Court would fail
on technical grounds and not on merits. Therefore, the
application filed by the plaintiff, seeking withdrawal of the suit
is to be allowed with liberty to file fresh suit on the same cause
of action.
NC: 2023:KHC:43475
3. Respondents are served, but remained absent before the
Court.
4. Taking note of the contentions urged in the appeal memo
and the affidavit in support of the interlocutory application filed
under Order 23 Rule 1 of Code of Civil Procedure, following
order is passed:
ORDER
Interlocutory application filed by the appellant
is allowed.
Appellant is permitted to withdraw the suit and
file appropriate suit in accordance with law on the
same cause of action.
All contentions are kept open to be urged by
the defendants, who are not representing before this
Court in the intended suit in accordance with law.
Sd/-
JUDGE
MR
