Karnataka High Court
Telecom Employees Co-Operative ... vs Rajanna L.C on 1 July, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:24801
RFA No. 2117 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO.2117 OF 2023 (INJ)
BETWEEN:
TELECOM EMPLOYEES CO-OPERATIVE
HOUSING SOCIETY LTD.,
A SOCIETY REGISTERED UNDER THE PROVISIONS
OF KARNATAKA CO-OPERATIVE SOCIETY ACT, 1964
HAVING ITS REGISTERED OFFICE AT
NO.43, RAILWAY PARALLEL ROAD,
KUMARA PARK WEST,
BENGALURU - 560 020.
REPRESENTED BY ITS AUTHORIZED
DIRECTOR
SRI. C. V. MANJUNATHA.
...APPELLANT
(BY SRI. SAMPATH A., ADVOCATE)
AND:
Digitally signed by
SUMITHRA R
Location: HIGH COURT 1. RAJANNA L.C.,
OF KARNATAKA
AGED ABOUT 59 YEARS,
S/O. LATE CHIKKAVEERAPPA,
R/AT SHIVAKOTE VILLAGE,
HESARGATTA HOBLI,
YELAHANKA TALUK,
BENGALURU -560 064.
2. ASHA R.,
AGED ABOUT 33 YEARS
W/O. K. BABU,
R/AT BASETTIHALLI,
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NC: 2024:KHC:24801
RFA No. 2117 of 2023
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT - 561 203.
3. SHILPA R.,
AGED ABOUT 31 YEARS,
W/O SAMPATH KUMAR,
R/AT 107, ANJANEYA TEMPLE ROAD,
NEAR ANJANEYA TEMPLE,
GEDDALAHALLI,
BANGALORE - 560 077.
...RESPONDENTS
(BY SRI. V. CHANDAPPA., ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED UNDER SEC.96
R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND
DECREE DATED 07.02.2023 PASSED IN OS NO.876/2022 ON
THE FILE OF I ADDITIONAL CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, DECREEING THE SUIT FOR
PERMANENT INJUNCTION AND ETC.,
THIS APPEAL, COMING ON FOR FURTHER ORDERS ON
I.A.NO.1/2024, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Learned counsel for the respondents has filled
I.A.No.1/2024 under Section 151 of CPC praying to
dismiss the appeal as not maintainable since, this Court
has no jurisdiction to entertain the appeal as the appeal
NC: 2024:KHC:24801
lies before the Court of Senior Civil Judge Bengaluru Rural
District at Bengaluru.
2. The instant appeal is filed against the judgment
and decree dated 07.02.2023 passed in O.S.No.876/2022
by the I Additional Civil Judge, Bengaluru Rural District,
Bengaluru.
3. The appeal filed against the judgment and
decree passed in O.S.No.876/2022 lies before the Court of
Senior Civil Judge, Bengaluru Rural District at Bengaluru
or before the District Court whatever has jurisdiction to
entertain the appeal. But the instant appeal is not
maintainable before this Court. Therefore, for the reasons
stated in the accompanying affidavit the present appeal
before this Court is not maintainable therefore,
I.A.No.1/2024 is allowed and thus the appeal is dismissed
as not maintainable before this Court.
4. Further, liberty is reserved to prefer an appeal
before the jurisdictional Court and the time spent in
prosecuting the present appeal shall be excluded as per
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Section 14 of the Limitation Act for the purpose of
calculation of limitation period.
5. Pending IAs' does not survive for consideration.
Sd/-
JUDGE
SRA
