ANISH M RAWTHER @ ANEES MOHAMMED RAWTHER versus HAFEEZ UR RAHMAN & ORS.

ANISH M RAWTHER @ ANEES MOHAMMED RAWTHER versus HAFEEZ UR RAHMAN & ORS.

The appeal was dismissed as infructuous because the suit was finally decided by a decree on 20 April 2023 which has not been challenged, and therefore the appeal arising from an interim order passed during the pendency of the suit is rendered infructuous.

Parties
Appellant/defendant: Anish M Rawther @ Anees Mohammed Rawther; Respondent/plaintiff: Hafeez Ur Rahman & Ors.
Jurisdiction
India
Judgment Date
14 June 2024
Procedural Posture
Civil Appeal / On Appeal From the High Court of Karnataka Order Dated 21.03.2022 in WP No. 10975 of 2020
Outcome
Dismissed as infructuous
Legal Topics
Summary Suits, Memo Under Order XXXVII R.3(6)(b) CPC, Moratorium Under IBC S.14, Infructuous Appeal
Civil Procedure Insolvency and Bankruptcy Summary Suits Memo Under Order XXXVII R.3(6)(b) CPC Moratorium Under IBC S.14 Infructuous Appeal

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Parties

Anish M Rawther @ Anees Mohammed Rawther

Appellant/defendant

Hafeez Ur Rahman & Ors.

Respondent/plaintiff

Procedural Posture

Civil Appeal / On Appeal From the High Court of Karnataka Order Dated 21.03.2022 in WP No. 10975 of 2020

Legal Issues

  1. 1 Whether the High Court was justified in directing the trial court to accept the respondent's memo under Order XXXVII r.3(6)(b) CPC and pass appropriate orders
  2. 2 Whether Section 14 of the Insolvency and Bankruptcy Code, 2016 (moratorium) prevented continuation of the suit

Ratio Decidendi

The appeal was dismissed as infructuous because the suit was finally decided by a decree on 20 April 2023 which has not been challenged, and therefore the appeal arising from an interim order passed during the pendency of the suit is rendered infructuous.

Court Disposition

Dismissed as infructuous

Orders

  • The Civil Appeal is, accordingly, dismissed as infructuous.