2025 Supreme(Online)(Kar) 20524

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25TH DAY OF JULY, 2025

BEFORE THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

REGULAR FIRST APPEAL NO.541 OF 2025 (INJ)

BETWEEN:

SRI. R. HARISH BABU

S/O LATE SRI. RAMA RAJU

AGED ABOUT 49 YEARS

R/AT. NO. 555, 4TH FLOOR

AXIS PADEGAL

9TH CROSS ROAD

JP NAGAR, 3RD PHASE

BANGALORE-560078.

...APPELLANT

(BY SRI. VIVEKANANDA H.S., ADVOCATE)

AND:

SMT. VIJAYALAKSHMI SRIDHAR

(ALSO KNOWN AS VIJI SRIDHAR)

AGED ABOUT 64 YEARS

W/O SRI. SRIDHAR

ORDINARILY RESIDING AT

NO.608, JAMERSON ROAD

CARY NC 27519

UNITED STATES OF AMERICA

ALSO RESIDING AT

NO.506

9TH CROSS, VTC

J.P. NAGAR

BANGALORE-560078.

...RESPONDENT

(BY SRI. C.M. NAGABUSHANA, ADVOCATE)

THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND 2 R/W SEC.96(1) OF CPC., AGAINST THE ORDER DATED 24.01.2025 PASSED ON IA NO.II IN OS NO.4479/2023 ON THE FILE OF XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE CITY., ALLOWING THE IA NO.II FILED UNDER ORDER VII RULE 11(a) AND (d) R/W SEC.151 OF CPC., FOR REJECTION OF PLAINT.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 09.07.2025, THIS DAY JUDGMENT WAS PRONOUNCED THEREIN, AS UNDER:

CORAM: HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM