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2025 DAILYLAW 29429 (KAR)

SMT. FATHI MARY v. THE POLICE INSPECTOR (ARMED)

RFA/1476/2025 · 2025-07-03

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:23992 RFA No. 1476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 1476 OF 2025 (DEC) BETWEEN: 1. SMT. FATHI MARY W/O LATE SHRI. AROGYASWAMY AGED ABOUT 70 YEARS 2. SRI. SELVAKUMAR S/O LATE SHRI. AROGYASWAMY AGED ABOUT 52 YEARS 3. SMT. SHEELA SUNDARI D/O LATE SHRI. AROGYASWAMY AGED ABOUT 50 YEARS 4. SRI. AGINAL RAVIKUMAR S/O LATE SHRI. AROGYASWAMY AGED ABOUT 49 YEARS 5. SRI. WILLIAM SAMPATH KUMAR S/O LATE SRI. AROGYASWAMY AGED ABOUT 42 YEARS ALL ARE RESIDENT OF VISL HOSPITAL, NEW TOWN BHADRAVATHI. …APPELLANTS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23992 RFA No. 1476 of 2025 AND: 1. THE POLICE INSPECTOR (ARMED) DAR, BHADRAVATHI TALUK 2. THE SUPERINTENDENT OF POLICE SHIVAMOGGA DISTRICT 3. THE STATE OF KARNATAKA REPRESENTED BY DEPUTY COMMISSIONER OF SHIVAMOGGA SHIVAMOGGA DISTRICT. …RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 01.10.2024 PASSED IN OS.NO.89/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL JUDGMENT The plaint was valued at Rs.1,000/- for the purpose of Court fee and jurisdiction. Therefore, the appeal is not maintainable before this Court. Office objection is upheld. Accordingly, the appeal is dismissed as not maintainable. - 3 - HC-KAR NC: 2025:KHC:23992 RFA No. 1476 of 2025 2. Liberty is reserved to the appellants to prefer an appeal before the appropriate appellate Court. In the event, the appeal is filed within four weeks, the time spent before this Court shall be excluded by extending the benefit under Section 14 of the Act. 3. Registry to return the certified copy of the judgment and decree provided appellants furnishing the photocopies of the same. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 82