Smt. Sakeera John vs Sri. Poojari Basappa
2023 Latest Caselaw 6561 Kant

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                                                            NC: 2023:KHC:33456
                                                        RSA No. 1396 of 2019




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 15TH DAY OF SEPTEMBER, 2023

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   REGULAR SECOND APPEAL NO. 1396 OF 2019 (DEC/INJ)

                   BETWEEN:

                   1.    SMT. SAKEERA JOHN
                         W/O. UMMER KHAN,
                         AGED ABOUT 54 YEARS,
                         OCC: AGRICULTURIST,
                         RESIDENT OF KEREBILICHI VILLAGE,
                         CHANNAGIRI TALUK,
                         DAVANAGERE DISTRICT.
                                                                  ...APPELLANT

                           (BY SRI RAHAMATHULLA KOTHWAL, ADVOCATE)

                   AND:

                   1.    SRI POOJARI BASAPPA
                         S/O. POOJARAPPA,
Digitally signed         AGED ABOUT 89 YEARS,
by SHARANYA T
                         RESIDENT OF SOMALAPURA VILLAGE,
Location: HIGH
COURT OF                 CHANNAGIRI TALUK,
KARNATAKA                DAVANAGERE DISTRICT.
                                                                ...RESPONDENT

                        THIS RSA IS FILED UNDER SECTION 100 OF CPC
                   PRAYIGN TO SET ASIDE THE ORDER DATED 10.12.2009
                   PASSED BY THE COURT OF CIVIL JUDGE (SENIOR DIVISION)
                   AND JMFC, CHANNAGIRI, DISMISSING THE APPEAL IN
                   R.A.NO.61/2010 ON THE GROUND OF LIMITATION AND ALSO
                   THAT OF THE JUDGMENT AND DECREE, DATED 27.07.1998
                   PASSED IN O.S.NO.355/1995 ON FTHE FILE OF CIVIL JUDGE
                   COURT (JUNIOR DIVISION) AND JMFC AT CHANNAGIRI.
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                                                 NC: 2023:KHC:33456
                                               RSA No. 1396 of 2019




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

                            JUDGMENT

Learned counsel for the appellant has filed a memo

seeking permission of this Court to convert this regular second

appeal into miscellaneous second appeal.

2. The memo is taken on record.

3. In terms of the memo, the learned counsel for the

appellant is permitted to convert this regular second appeal

into miscellaneous second appeal.

For the purpose of statistics, the appeal stands

disposed of.

Sd/-

JUDGE

ST