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2023 Supreme(Online)(KAR) 9007
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NC: 2023:KHC:33467
RSA No. 161 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO. 161 OF 2020
BETWEEN:
1.
SRI VEERENDRA KATHURIA
S/O CAPT. PRANANATH KATHURIA,
AGED ABOUT 74 YEARS,
RESIDING AT NO.90/75,
SOMPURA VILLAGE,
B.BHOSAHALLI ROAD,
SARJAPURA HOBLI
ANEKAL TLAUK,
BENGALURU DISTRICT.
…APPELLANT
(BY SRI B.C.VIJAY, ADVOCATE [ABSENT])
AND:
1.
SRI M.LINGAPPA
S/O MUNIYAPPA,
AGED ABOUT 61 YEARS,
R/AT VIDYANAGAR,
SARJAPURA HOBLI,
ANEKAL TALUK,
BENGALURU DISTRICT.
…RESPONDENT
(BY SRI C.S.RADHA JAYANTHI, ADVOCATE FOR
IMPLEADING APPLICANT)
THIS R.S.A IS FILED UNDER SECTION 100 OF CPC
PRAYING TO SET ASIDE THE JUDGMENT DATED 05.04.2019 IN
Digitally signed
by SHARANYA T
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:33467
RSA No. 161 of 2020
R.A.No.5024/2018 PASSED BY THE LEARNED III ADDITIONAL
DISTRICT
AND
SESSIONS
JUDGE,
BENGALURU
RURAL
DISTRICT AT BENGALURU AND ETC.,
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
Learned counsel for appellant is absent.
The office has raised the objections regarding
maintainability of the appeal in view of Order 43 Rule 1(u)
of CPC and it is a remand order. Hence, the second appeal
is not maintainable and even the counsel for the appellant
is not pursuing the matter also. Hence, the R.S.A is
dismissed as not maintainable.
The counsel for the impleading applicant submits that
she may be impleaded as appellant in this matter. But,
when the very appeal is not maintainable, question of
impleading the applicants does not arise. If the applicants
having any independent right they can pursue the relief by
filing appropriate appeal.
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Accordingly, IAs’ which are pending are also rejected.
Sd/-
JUDGE
RHS
List No.: 1 Sl No.: 12
