Document Fragment View

Matching Fragments

This RFA No.846/2020 is filed by the appellants/defendants under Section 96 of CPC for setting aside the judgment and decree passed by XIV Addl. City Civil and Sessions Judge, Bengaluru, in O.S.No.8885/2001 dated 14.2.2020 for having decreed the suit of the plaintiff.

2. W.P.No.15956/2023 is filed as against the order passed by the same court in FDP No.109/2020 on the application filed under Order 21 Rule 24 of CPC and Interlocutory Application filed under section 151 of CPC by the appellant.

24. On perusal of the judgment of the Trial Court, the Trial Court considering the evidence on record, appreciated the documents and rightly decreed the suit of the plaintiff and therefore the judgment of the Trial Court do not call for any interference of this court. The appeal is devoid of merits, hence liable to be dismissed.

25. In respect of W.P.No.15956/2023 where the same appellant filed this writ petition as against the order passed by the FDP court for having rejected the application on I.A.No.8 & 9 for staying the further proceedings of the final FDP proceedings until disposal of the above said appeal.

26. The petitioner filed an Interlocutory Application before the trial Court in the FDP proceeding in FDP No.109/2020 which was arising out of original suit and decree in O.S.No.8885/2001 which was upheld by the High court in RFA No.846/2020 and in the meanwhile, the trial court proceeded to issue delivery warrant and started calculating the damages therefore, the petitioner filed application for staying all further proceedings of the FDP until disposal of the appeal by this court and the same was rejected by the trial court vide impugned order dated 21.7.2023 on the application filed by him under Order 21 Rule 24 of CPC.

27. Now in view of the deciding the appeal by this court in RFA No.846/2020 and dismissing the appeal, the question of staying FDP proceeding does not arises, therefore the writ petition cannot be allowed and it is also liable to be dismissed.

Accordingly I proceed to pass the following order The appeal filed by the appellant in RFA No.846/2020 is hereby dismissed.

Writ Petition No.15956/2023 filed by the petitioner challenging the order on I.A.No.8 & 9 in FDP 109/2020 is also dismissed.