Sri. N Kushalraj vs Sri S M Ramachandra Murthy
2023 Latest Caselaw 6320 Kant

                                                  -1-
                                                           NC: 2023:KHC:31964
                                                         RFA No. 1673 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 5TH DAY OF SEPTEMBER, 2023

                                              BEFORE

                               THE HON'BLE MR JUSTICE K.NATARAJAN

                              REGULAR FIRST APPEAL NO. 1673 OF 2023

                      BETWEEN:

                      SRI. N. KUSHALRAJ,
                      AGED ABOUT 70 YEARS,
                      S/O. LATE G. NEMICHAND,
                      DOING BUSINESS AT SHOP
                      NO.7, (FACING C.C. ROAD),
                      NO.168, M.M. ROAD,
                      COX TOWN,
                      BENGALURU - 560 005.
                                                                   ...APPELLANT
                      (BY SRI. B.R. RAMACHANDRA REDDY, ADVOCATE)

                      AND:

                      SRI. S.M. RAMACHANDRA MURTHY,
                      S/O. LATE MARIYANNA @ MARIYAPPA,
Digitally signed by   AGED ABOUT 67 YEARS,
BHAVANI BAI G
Location: High        RESIDING AT NO.723, 7TH MAIN,
Court of Karnataka
                      MAHALAKSHMI LAYOUT,
                      BENGALURU - 560 086.
                                                               ...RESPONDENT

                           THIS RFA IS FILED UNDER SECTION 96 OF THE CPC,
                      AGAINST THE JUDGMENT AND DECREE DATED 20.04.2023
                      PASSED IN SC.NO. 612/2021 ON THE FILE OF THE II
                      ADDITIONAL JUDGE AND ACMM COURT OF SMALL CAUSES,
                      BENGALURU, DECREEING THE SUIT FOR EJECTMENT AND
                      ARREARS OF RENT.

                          THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT DELIVERED THE FOLLOWING:
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                                              NC: 2023:KHC:31964
                                           RFA No. 1673 of 2023




                           JUDGMENT

Learned counsel for the appellant absent, even in the last

day of the hearing and also today.

2. Office is raised objections regarding maintainability

of the appeal under Section 96 of CPC, since the order is

passed by II Addl. Judge and ACMM, Court of Small Causes,

Bengaluru in S.C.No.612/2021.

3. Accordingly, the appeal is dismissed with liberty to

the appellant to file fresh appeal before the District Court.

4. Office is directed to return the documents to the

appellant.

Sd/-

JUDGE

VK

CT: THK