Sri Srinivasalu vs Sri Anwar @ Tomato Anwar
2024 Latest Caselaw 5301 Kant

Karnataka High Court

Sri Srinivasalu vs Sri Anwar @ Tomato Anwar on 21 February, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                    -1-
                                                                 NC: 2024:KHC:7282
                                                                MSA No. 46 of 2022




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                                 DATED THIS THE 21ST DAY OF FEBRUARY, 2024
                                                  BEFORE
                           THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
                             MISCELLANEOUS SECOND APPEAL NO.46 OF 2022
                          BETWEEN:

                          SRI. SRINIVASALU,
                          S/O N. SUBBANNA,
                          AGED ABOUT 52 YEARS,
                          R/AT D NO.131, "MATRUCHAYE",
                          OPPOSITE TO DCC BANK,
                          GULUR ROAD, BAGEPALLI - 561 207,
                          CHIKKABALLAPURA DIST.
                                                                      ...APPELLANT
                          (BY SRI. H.V. MANJUNATHA, ADVOCATE)
                          AND:

                          SRI. ANWAR @ TOMATO ANWAR,
                          S/O FAKRUDDIN SAB,
                          AGED ABOUT 63 YEARS,
                          AGRICULTURIST, R/AT TANK GATTU,
                          BEHIND OLD POLICE STATION,
Digitally signed by JAI   PATHAPALYA VILLAGE AND HOBLI,
JYOTHI J
Location: HIGH            BAGEPALLI TALUK - 561 212,
COURT OF
KARNATAKA                 CHIKKABALLAPURA.
                                                                    ...RESPONDENT
                                THIS MSA IS FILED UNDER SECTION 106 R/W ORDER
                          XLIII RU1(r) OF CPC., AGAINST THE JUDGMENT AND DECREE
                          DATED 26.11.2021 PASSED IN MA.NO.40/2020 ALLOWING THE
                          APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE
                          DATED 02.11.2020 PASSED IN MISC NO.01/2013 ON THE FILE
                          OF THE CIVIL JUDGE AND JMFC, BAGEPALLI.

                              THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
                          COURT DELIVERED THE FOLLOWING:
                               -2-
                                           NC: 2024:KHC:7282
                                          MSA No. 46 of 2022




                         JUDGMENT

The appeal is not maintainable in view of Section 106

of Code of Civil Procedure.

2. The learned counsel for the appellant submits

that he will file writ petition. With liberty to file writ

petition the appeal is disposed of as not maintainable for

statistical purpose.

3. The impugned order shall be returned to the

appellant after placing the copy of the order in the file at

the cost of the appellant.

Sd/-

JUDGE

SRA

CT: BHK