M H Sanaulla vs S Basavarajappa
2024 Latest Caselaw 27871 Kant

Karnataka High Court

M H Sanaulla vs S Basavarajappa on 20 November, 2024

                                         -1-
                                                       NC: 2024:KHC:47082
                                                   RSA No. 805 of 2024




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 20TH DAY OF NOVEMBER, 2024

                                       BEFORE
                      THE HON'BLE MR JUSTICE ASHOK S.KINAGI
                 REGULAR SECOND APPEAL NO. 805 OF 2024 (MON)
              BETWEEN:

                  M.H. SANAULLA,
                  SON OF MOHD. HANEEF,
                  AGED ABOUT 67 YEARS,
                  OCC: AGRICULTURIST,
                  RESIDENT OF BASAVESHWARA NAGARA,
                  NALLUR-VILLAGE, CHANNAGIRI-TALUK,
                  DAVANAGERE-DISTRICT.
                                                             ...APPELLANT
              (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)

              AND:

                  S. BASAVARAJAPPA
                  SON OF LATE SHIVAPPA,
Digitally
signed by         AGED ABOUT 63 YEARS,
SUNITHA K S       OCC: AGRICULTURIST,
Location:         RESIDENT OF BASAVESHWARA NAGARA,
HIGH COURT        NALLUR-VILLAGE, CHANNAGIRI-TALUK,
OF
KARNATAKA         DAVANAGERE-DISTRICT.
                                                           ...RESPONDENT
              (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE)

                     THIS RSA IS FILED UNDER SECTION 43 RULE (1)(u) OF
              CPC,    AGAINST   THE   JUDGMENT   AND     DECREE    DATED
              13.06.2023 PASSED IN RA No. 23/2020 ON THE FILE OF THE II
              ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE,
                                       -2-
                                                     NC: 2024:KHC:47082
                                                    RSA No. 805 of 2024




ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT
AND DECREE DATED 30.01.2020 PASSED ON IA No. II IN OS
No.66/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC, CHANNAGIRI, ALLOWING THE IA No. II FILED UNDER
ORDER      7    RULE    11(d)    R/W    151    OF    CPC.THE   CASE   IS
REMANDED         BACK    TO     THE    TRIAL   COURT     FOR   FURTHER
ADJUDICATION.

      THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:         HON'BLE MR JUSTICE ASHOK S.KINAGI

                          ORAL JUDGMENT

Learned counsel for the appellant files a memo seeking

leave of this Court to withdraw the appeal, with liberty to

agitate his grievance, in regard to the limitation before the Trial

Court.

Memo is placed on record.

Appeal is dismissed as withdrawn, with the aforesaid

liberty.

Sd/-

(ASHOK S.KINAGI) JUDGE

JJ