IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI REGULAR FIRST APPEAL No.2081 of 2016 (MON) BETWEEN :
MYTHILI RAJAGOPALAN W/O.C RAJAGOPALAN AGED ABOUT 60 YEARS FORMERLY AT 6th CROSS ROAD GANDHINAGAR, MANGALURU AND NOW AT A3/1319, GOKULAM D K SANDRA, K K D ROAD BENGALURU-560 062. ... APPELLANT (BY SRI.VENKATESH SOMAREDDI, ADVOCATE FOR SRI. P.P.HEGDE, ADVOCATE) AND:
BAPUJI MURUGESAN S/O.MURUGESAN AGED ABOUT 56 YEARS RESIDING AT C-50/3 GANESH APARTMENTS II AVENUE, ANNA NAGAR EAST CHENNAI-600 102. ...RESPONDENT THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF THE CODE OF CIVIL PROCEDURE 1908, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE 22ND SEPTEMBER, 2016 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE, MANGALURU IN O.S.NO.30/2015 AND CONSEQUENTLY DISMISS THE SUIT OF THE PLAINTIFF, WITH COSTS THROUGHOUT AND ETC., THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Office objection raised with regard to the maintainability of this appeal stating that as against the impugned judgment and decree passed in O.S.No.30/2015, RFA No.2059/2016 has already been filed. A copy of the Memorandum of Appeal in RFA No.2059/2016 is also kept below.
2. Learned counsel for the appellant submits that this appeal may be dismissed as not maintainable and liberty may be reserved to prosecute only RFA No.2059/2016. The submission of the learned counsel is placed on record.
3. Consequently, this appeal is dismissed as not maintainable.
4. Registry to construe the Court fee paid in this appeal as paid in respect of RFA No.2059/2016.
5. In view of the dismissal of this appeal as not maintainable, all pending interlocutory applications stand dismissed as not maintainable.
Sd/- JUDGE Sd/- JUDGE VMB