Mohammed Iliyas A Gove vs Smt. Veena W/O Sudhakar
2024 Latest Caselaw 11879 Kant

Karnataka High Court

Mohammed Iliyas A Gove vs Smt. Veena W/O Sudhakar on 29 May, 2024

Author: Pradeep Singh Yerur

Bench: Pradeep Singh Yerur

                                                    -1-
                                                            NC: 2024:KHC-D:7131
                                                             RFA No. 100207 of 2024




                                    IN THE HIGH COURT OF KARNATAKA
                                            DHARWAD BENCH

                                   DATED THIS THE 29TH DAY OF MAY, 2024

                                                  BEFORE

                               THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

                                 REGULAR FIRST APPEAL NO.100207 OF 2024

                        BETWEEN:

                        MOHAMMED ILIYAS A GOVE,
                        AGE: 60 YEARS, OCC: BUSINESS,
                        R/O: SHOP NO.13, SHREYAS COMPLEX,
                        NEAR BUS STAND ROAD, BAGALKOT.
                                                                        ... APPELLANT

                        (BY SRI S B HEBBALLI, ADVOCATE)

                        AND:

                        1.   SMT. VEENA W/O SUDHAKAR,
                             AGE: 57 YEARS, OCC: HOUSEHOLD WORK,
                             R/O: BASAVESHWARNAGAR, BENGALURU,
                             AND BAGALKOT.

                        2.   CHANDRASHEKAR N DAS,
           Digitally
                             AGE: 90 YEARS, OCC: COMMERCIAL TRADE,
           signed by
           YASHAVANT
           NARAYANKAR
                             R/O: HOTEL, ARADHANA, station road,
YASHAVANT
           Location:
           HIGH COURT        AND BAGALKOT.
           OF
NARAYANKAR KARNATAKA
           DHARWAD                                                   ... RESPONDENTS
           BENCH
           Date:
           2024.06.03
           12:04:28
           +0530


                             THIS REGULAR FIRST APPEAL IS FILED UNDER ORDER 41
                        RULE (1) READ WITH SECTION 96 OF CODE OF CIVIL PROCEDURE,
                        1908, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND
                        DECREE    DATED    08.02.2024  PASSED    IN   COMMERCIAL
                        O.S.NO.38/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND
                        SESSIONS JUDGE, BAGALKOTE, AND DISMISS THE SUIT, IN THE
                        INTEREST OF JUSTICE AND ETC.

                             THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
                        MADE THE FOLLOWING:
                                   -2-
                                         NC: 2024:KHC-D:7131
                                             RFA No. 100207 of 2024




                                 ORDER

Learned counsel for the appellant files a memo seeking

to convert this appeal into a Commercial Appeal as provided

under section 13(1A) of the Commercial Courts Act, 2015, as

the impugned judgment and decree arises out of Commercial

O.S.No.38/2022.

2. The memo and the submission of the learned

counsel are placed on record.

3. The appellant is permitted to convert this appeal

into Commercial Appeal and to file necessary appeal

memorandum in accordance with law.

4. For the statistical purpose this appeal stands

disposed of.

Sd/-

JUDGE

MRK CT:BCK