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Documents citing Mrs. Elfreeda Winnifred D Souza vs Mr. Robin D Souza on 10 June, 2022

Sri. Marirudraiah vs Smt. B. Channaveeramma on 13 March, 2023

The petitioner, as also the respondents, are reserved liberty to lead evidence on the additional Issue to vindicate their respective stands and calling upon the civil Court to decide such Issue in the light of the evidence that is brought on record and the decision of -8- WP No. 52915 of 2015 the Full Bench in Elfreeda Winnifred D'Souza v. Robin D'Souza and Others (supra) independent of its observation in the impugned order.
Karnataka High Court Cites 4 - Cited by 0 - B M Prasad - Full Document

Sri K T Ramachandra vs Sri Venkataswamy on 29 November, 2022

On a careful consideration of the circumstances urged, and on perusal of the different orders by the civil Court, this Court is of the considered opinion that it would be just and reasonable to dispose of this petition calling upon the civil Court to decide the petitioner's application [I.A. No.3] in terms of the Issue framed in that regard and the decision in 'Elfreeda Winnifred D'Souza v. Robin D'Souza and Others' supra within a definite time. Hence, the petition stands disposed of calling upon the civil Court to decide on the valuation and payment of Court fee in terms of I.A. No.3 accordingly within six [6] weeks from the date of receipt of a certified copy of this order.
Karnataka High Court Cites 3 - Cited by 0 - B M Prasad - Full Document

Mr. S. Afthab Hussain vs Smt. D. Saroja on 2 September, 2024

2. Learned Senior counsel Sri.M.R.Rajagopal appearing for the petitioner has placed reliance on the judgment of Full Bench of this Court in the case of MRS.ELFREEDA WINNIFRED D'SOUZA V/S ROBIN D'SOUZA AND OTHERS in W.P.No.40157/2014(GM-CPC) dated 10.12.2021 wherein the Full Bench has upheld a decision of a learned single Judge in the case of SMT.VIJAYALAKSHMI V/S SMT.UGAMA BAI, (2015) 4 KCCR 3947, having regard to another judgment passed by the Division Bench in the case of J.NARAYANA AND
Karnataka High Court Cites 5 - Cited by 0 - R Devdas - Full Document

Erappa S/O Doddappa Gejji vs The Karnataka Kurubar Boarding Koppal on 11 November, 2024

3. Per contra, learned counsel Sri. Murthyunjay S. Hallikeri appearing for the caveator - respondent No.1 submits that even as per the judgment of the Full Bench of this Court in the case of Venkatesh R. Desai1 it is the discretion of the Trial Court to consider the issue regarding valuation and the Court fee at the preliminary stage. Further he contends that the judgment in the case of R.Ananda2 has been overruled by another Full Bench of this Court in the case of Mrs. Elfreeda Winnifred D' Souza v/s Mr. Robin D' Souza And Others3.
Karnataka High Court Cites 9 - Cited by 0 - Full Document

Erappa S/O Doddappa Gejji vs The Karantaka Kurubar Boarding Koppal on 11 November, 2024

3. Per contra, learned counsel Sri. Murthyunjay S. Hallikeri appearing for the caveator - respondent No.1 submits that even as per the judgment of the Full Bench of this Court in the case of Venkatesh R. Desai1 it is the discretion of the Trial Court to consider the issue regarding valuation and the Court fee at the preliminary stage. Further he contends that the judgment in the case of R.Ananda2 has been overruled by another Full Bench of this Court in the case of Mrs. Elfreeda Winnifred D' Souza v/s Mr. Robin D' Souza And Others3.
Karnataka High Court Cites 9 - Cited by 0 - Full Document

Eerappa S/O Doddappa Gejji vs The Karnataka Kurubar Boarding Koppal on 11 November, 2024

3. Per contra, learned counsel Sri. Murthyunjay S. Hallikeri appearing for the caveator - respondent No.1 submits that even as per the judgment of the Full Bench of this Court in the case of Venkatesh R. Desai1 it is the discretion of the Trial Court to consider the issue regarding valuation and the Court fee at the preliminary stage. Further he contends that the judgment in the case of R.Ananda2 has been overruled by another Full Bench of this Court in the case of Mrs. Elfreeda Winnifred D' Souza v/s Mr. Robin D' Souza And Others3.
Karnataka High Court Cites 9 - Cited by 0 - Full Document

Smt Renuka vs Sri R Narayana Rao on 30 November, 2022

Sri G. Janardhana, the learned counsel for the petitioner, submits that the petitioner cannot really 3 pursue with the grievance that the subject property must be valued with the aid of Section 7 of the Karnataka Court Fees and Suits Valuation Act, 1958 in view of the Full Bench decision of this Court in Elfreeda Winnifred D'Souza v. Robin D'Souza and Others' reported in ILR 2022 KAR 529. However, Sri.G.Janardhana submits that this Court must intervene insofar as the direction to value the construction as a commercial property drawing this Court's attention to the plaint averment in paragraph 8 and the civil Court's observation on the maintainability of the suit. He argues that the petitioner has only averred that there is construction without really describing the nature of the construction and therefore, the civil Court could not have observed that there must be valuation of the commercial building in the subject property.
Karnataka High Court Cites 4 - Cited by 0 - B M Prasad - Full Document
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