Mr. Vithu Bayi vs Smt. Sowbhagya
2024 Latest Caselaw 15670 Kant

Karnataka High Court

Mr. Vithu Bayi vs Smt. Sowbhagya on 3 July, 2024

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                 -1-
                                                             NC: 2024:KHC:25007
                                                           RFA No. 1093 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 3RD DAY OF JULY, 2024

                                               BEFORE

                       THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                            REGULAR FIRST APPEAL NO. 1093 OF 2024 (RES)

                      BETWEEN:

                            MR. VITHU BAYI,
                            W/O D. BHASKAR,
                            AGED ABOUT 61 YEARS,
                            R/AT NO.187, II MAIN ROAD,
                            KEMPEGOWDANAGAR,
                            EXTENSION BYADARAHALLI,
                            NEAR ST, YASH PUBLIC SCHOOL,
                            MAGADI MAIN ROAD,
                            VISHWANEEDAM POST,
                            BENGALURU-560 091.
                                                                   ...APPELLANT
                      (BY SRI. NEHRU P, ADVOCATE)

                      AND:
Digitally signed by
SUMITHRA R            1.    SMT. SOWBHAGYA,
Location: High              W/O INDUSHEKAR,,
Court of Karnataka
                            AGED ABOUT 54 YEARS
                            R/AT KEMPASAGARA VILLAGE,
                            KASABA HOBLI, MAGADI TALUK,
                            RAMANAGARA DISTRICT,
                            PIN CODE-562 120.

                      2.    MR. D. BHASKAR
                            AGED ABOUT 64 YEARS,
                            R/AT NO.187, II MAIN ROAD,
                            KEMPEGOWDANAGAR
                            EXTENSION BYADARAHALLI,
                            NEAR ST, YASH PUBLIC SCHOOL
                            MAGADI MAIN ROAD,
                                -2-
                                            NC: 2024:KHC:25007
                                          RFA No. 1093 of 2024




    VISHWANEEDAM POST,
    BENGALURU-560 091.
                                                ...RESPONDENTS

     THIS RFA IS FILED UNDER SECTION 96 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 10.01.2024
PASSED IN RA NO. 80/2018 ON THE FILE OF THE PRINCIPAL
SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT,
BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 28.07.2018 PASSED IN OS
NO. 1012/2009 ON THE FILE OF THE II ADDITIONAL CIVIL
JUDGE, BANGALORE RURAL DISTRICT, BANGALORE.

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

                          JUDGMENT

This appeal is filed by the appellant/defendant No.2 under

Section 96 read with Order XLI Rule 1 of the Code of Civil

Procedure, 1908, calling in question the judgment and decree

dated 10.01.2024 passed in R.A..No.80/2018 by the Principal

Senior Civil Judge, Bengaluru Rural District, Bengaluru.

2. There is judgment and decree passed in the original

suit, which was reversed by the First Appellate Court in

R.A.No.80/2018. Therefore, the instant appeal filed under

Section 96 of the Code of Civil Procedure, 1908, is not

maintainable. Accordingly, the appeal is dismissed as not

maintainable.

NC: 2024:KHC:25007

3. Liberty is reserved to prefer the appropriate appeal

as per law before the Competent Court of law.

4. A period spent in prosecuting this appeal is

excluded under Section 14 of the Limitation Act, 1963, for the

purpose of calculating the limitation period.

5. The certified copies produced in this appeal shall be

returned to the appellant by placing a photocopy of the same at

cost of the appellant.

Sd/-

JUDGE

KTY