Shri K Raja vs V Prabhakar
2024 Latest Caselaw 25097 Kant

Karnataka High Court

Shri K Raja vs V Prabhakar on 21 October, 2024

Author: K.Natarajan

Bench: K.Natarajan

                                            -1-
                                                             NC: 2024:KHC:42018
                                                           RFA No. 2262 of 2024




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 21ST DAY OF OCTOBER, 2024

                                          BEFORE
                          THE HON'BLE MR JUSTICE K.NATARAJAN
                   REGULAR FIRST APPEAL NO. 2262 OF 2024 (MON)


                BETWEEN:

                SHRI. K. RAJA,
                AGED ABOUT 63 YEARS,
                S/O LATE KRISHNASWAMY NAIDU,
                R/AT NO.32/1, MOORE ROAD,
                III CROSS, FRASER TOWN,
                BANGALORE - 560 005.
                                                                   ...APPELLANT
                (BY SRI. ABHISHEK KUMAR, ADVOCATE)

                AND:

                V. PRABHAKAR,
                AGED ABOUT 62 YEARS,
                S/O LATE VENKATESHULU NAIDU,
Digitally
signed by       OCCUPATION- CL-9 LICENSE BUSINESS,
CHAITHRA P      R/AT NO. 17/1, 1ST FLOOR,
                1ST CROSS, AGA ABBAS ALI ROAD,
Location:
High Court of   HALASURU ROAD, BANGALORE - 560 042.
Karnataka                                                        ...RESPONDENT
                       THIS RFA IS FILED UNDER SECTION 96 OF CPC,
                AGAINST    THE   ORDER    DATED     28.08.2024     PASSED    IN
                MISC.NO.25012/2022 ON THE FILE OF THE XXVI ADDITIONAL
                CITY   CIVIL   AND   SESSIONS     JUDGE,    MAYO   HALL   UNIT,
                BENGALURU, DISMISSING THE PETITION FILED UNDER ORDER
                IX RULE 13 R/W SEC.151 OF CPC.
                                   -2-
                                               NC: 2024:KHC:42018
                                             RFA No. 2262 of 2024




      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE K.NATARAJAN


                       ORAL JUDGMENT

The learned counsel for the appellant is present.

2. The office has raised objection regarding

maintainability of the appeal filed under Section 96 of CPC.

3. The learned counsel for the appellant has filed a

memo seeking leave of this Court to convert the present

appeal, i.e., 'Regular First Appeal' into 'Miscellaneous First

Appeal'.

4. Memo is placed on record. In view of the memo,

learned counsel for the appellant is permitted to convert the

'Regular First Appeal' into 'Miscellaneous First Appeal'.

5. In view of the above, for statistical purpose, this

appeal is disposed of. The Registry is directed to do the

needful and place the matter before the appropriate Bench.

Sd/-

(K.NATARAJAN) JUDGE DH