Karnataka High Court
Dr N Muthu Kumar vs Kiran Kumar K G on 4 June, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:19091
RFA No. 1029 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REGULAR FIRST APPEAL NO.1029 OF 2024 (MON)
BETWEEN:
1. DR. N. MUTHU KUMAR,
S/O. MR. NARAYAN,
AGED ABOUT 60 YEARS,
RESIDING AT NO.3/303,
KANDHAMPATTY BYE PASS,
SALEM, TAMILNADU - 636 005.
...APPELLANT
(BY SRI. PRASAD B. S.,ADVOCATE)
AND:
1. KIRAN KUMAR K. G.,
S/O. LATE GANGAIAH,
AGED 42 YEARS,
Digitally signed by
BASAVARAJU
PAVITHRA
2. BHAGYA B.,
Location: High Court
of Karnataka W/O. KIRAN KUMAR,
AGED 40 YEARS,
BOTH 1 & 2 ARE RESIDING AT:
RESIDING AT NO.102,
2ND FLOOR, 9TH MAIN, D BLOCK
M.C.E H.S. LAYOUT,
SAHAKARNAGAR,
BENGALURU - 560 094.
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NC: 2024:KHC:19091
RFA No. 1029 of 2024
3. PUTTAMMA,
W/O. LATE THIMMEDAS,
AGED ABOUT 74 YEARS,
4. VENKATESH KUAMR K. G.,
S/O. LATE GANGAIAH,
AGED ABOUT 49 YEARS,
BOTH 3 & 4 ARE RESIDING
AT NO.33, 5TH MAIN, 2ND CROSS,
NEW BEL ROAD, RMV 2ND STAGE
BENGALURU - 560 094.
5. SHANTHA K. G.,
D/O. LATE GANGAIAH,
W/O. B. N. KUMAR,
AGED 50 YEARS,
NO.38/8, 6TH MAIN,
12TH CROSS,
MSR NAGAR,
BENGALURU - 560 054.
6. LATHA K. G.,
D/O. LATE GANGAIAH,
W/O. SHANKAREGOWDA,
AGED 49 YEARS,
NO.9 SANGOLLI RAYANNA ROAD,
NEW BEL ROAD,
BENGALURU - 560 094.
7. PROPRIETOR,
M/S ANUGRAHA PROPERTIES
(BUILDERS AND DEVELOPERS),
8. PROPRIETOR,
M/S. JAWED HABIB HAIR AND BEAUTY LTD
FRANCHISE,
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NC: 2024:KHC:19091
RFA No. 1029 of 2024
9. PROPRIETOR,
M/S. KANTI SWEETS,
10. PROPRIETOR,
M/S. SPARKLES THE BOUTIQUE,
11. PROPRIETOR,
M/S KANTI SWEETS,
12. PROPRIETOR,
SUNIL SHARMA,
13. PROPRIETOR,
LAKSHMI FLOWERS,
14. PROPRIETOR,
THE BELLS INTEGRATION SOLUTION,
15. PROPRIETOR,
ALAMSON APPARELS,
16. PROPRIETOR,
M/S. BRIGHTHON,
17. PROPRIETOR,
M/S. ENAMOR VANHEUSON,
DEFENDANT NOS.7 TO 17 HAVING / RUNNING
BUSINESS AT: GANGA COMPLEX,
SHOP OLD NO.7/11, NEW NO.46,
RMV 2ND STAGE, NEW BEL ROAD,
BENGALURU-560054
...RESPONDENTS
RFA FILED UNDER SECTION 96 OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 30.08.2023 PASSED IN COM.
O.S.NO.3623/2019 ON THE FILE OF THE LXXXIX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE BANGALORE (CCH 90),
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NC: 2024:KHC:19091
RFA No. 1029 of 2024
PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY AND
ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The impugned judgment and decree is passed by the
Commercial Court in O.S.No.3623/2019 for recovery of money.
As per Section 13 of the Commercial Court Act, 2015 and also
in view of the Circular dated 30.10.2017 passed by this Court,
the case has to be posted before Commercial Appellate Division
Bench as specified in Commercial Court, Commercial Division
and Commercial Appellate Division of High Court Act 2014.
Therefore, memo is accepted. Accordingly, appeal is permitted
to be converted into commercial appeal and for statistical
purpose the RFA is disposed of.
2. Register the case as Commercial appeal and post
before the appropriate Bench.
Sd/-
JUDGE
SRA
