Sri Veerendra Kathuria vs Sri M Lingappa
2023 Latest Caselaw 6535 Kant

                                                -1-
                                                           NC: 2023:KHC:33467
                                                         RSA No. 161 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                           REGULAR SECOND APPEAL NO. 161 OF 2020

                   BETWEEN:

                   1.    SRI VEERENDRA KATHURIA
                         S/O CAPT. PRANANATH KATHURIA,
                         AGED ABOUT 74 YEARS,
                         RESIDING AT NO.90/75,
                         SOMPURA VILLAGE,
                         B.BHOSAHALLI ROAD,
                         SARJAPURA HOBLI
                         ANEKAL TLAUK,
                         BENGALURU DISTRICT.
                                                                 ...APPELLANT

                              (BY SRI B.C.VIJAY, ADVOCATE [ABSENT])
                   AND:
Digitally signed
by SHARANYA T      1.    SRI M.LINGAPPA
Location: HIGH
COURT OF                 S/O MUNIYAPPA,
KARNATAKA                AGED ABOUT 61 YEARS,
                         R/AT VIDYANAGAR,
                         SARJAPURA HOBLI,
                         ANEKAL TALUK,
                         BENGALURU DISTRICT.
                                                               ...RESPONDENT
                            (BY SRI C.S.RADHA JAYANTHI, ADVOCATE FOR
                                      IMPLEADING APPLICANT)

                          THIS R.S.A IS FILED UNDER SECTION 100 OF CPC
                   PRAYING TO SET ASIDE THE JUDGMENT DATED 05.04.2019 IN
                                -2-
                                              NC: 2023:KHC:33467
                                            RSA No. 161 of 2020




R.A.No.5024/2018 PASSED BY THE LEARNED III ADDITIONAL
DISTRICT   AND      SESSIONS    JUDGE,      BENGALURU      RURAL
DISTRICT AT BENGALURU AND ETC.,

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

                          JUDGMENT

Learned counsel for appellant is absent.

The office has raised the objections regarding

maintainability of the appeal in view of Order 43 Rule 1(u)

of CPC and it is a remand order. Hence, the second appeal

is not maintainable and even the counsel for the appellant

is not pursuing the matter also. Hence, the R.S.A is

dismissed as not maintainable.

The counsel for the impleading applicant submits that

she may be impleaded as appellant in this matter. But,

when the very appeal is not maintainable, question of

impleading the applicants does not arise. If the applicants

having any independent right they can pursue the relief by

filing appropriate appeal.

NC: 2023:KHC:33467 RSA No. 161 of 2020

Accordingly, IAs' which are pending are also rejected.

Sd/-

JUDGE

RHS