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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
PRESENTATION FORM
RFA No. __________ / 2021 [MON]
Serial No.KAR/4230/2020 Between BANGALORE
District
Xxxxx Ranveer Singh
Advocate,
xxxx, And
xxx Bengaluru 560043 Ranbir Kapoor
Sl. Description of Paper Presented Court Fee
No. affixed on
paper Rs.
1 On the Memo of RFA
2 On the Memo of
3 On Vakalath
4 On Certified Copies
5 On I.A. No. _____ for _______.
6 On Process Fee
7 On Copy Application
8
TOTAL
Number of Copies Furnished Other side served: YES
Xxx (sign)
Presented by
Advocate for Petitioner / Caveator Received Paper with
Court-fee labels as above
sign
Advocate’s Clerk xxx(sign)
Dated: xxx
Place: BENGALURU Receiving
Clerk
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RFA No. __________ / 2021 [MON]
BETWEEN
Mr. Ranveer Singh APPELLANT
AND
Mr. Ranbir Kapoor RESPONDENT
INDEX
Sl. Page Court
Description
No. Nos. Fee Rs.
1. Synopsis 1-2
Regular First Appeal under Section 26 and Order
2. VII Rule 1 of the Code of Civil Procedure, 1908 3
(CPC)
3. Verifying Affidavit 4
4. Vakalathnama 5
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
REGULAR FIRST APPEAL NO.
BETWEEN:
Mr. Ranveer Singh PETITIONER
AND
Mr. Ranbir Kapoor RESPONDENT
SYNOPSIS
LIST OF DATES AND EVENTS IN BRIEF
SL. Date Event
1. 15.09.2017 OS _____ is filed by the Appellant herein against
the Respondent before the (Court’s name) seeking
possession.
2. 15.11.2021 The Ld. Trial Court passed the judgement in favor
of the Respondent with respect to the disputed
piece of land.
3. 20.11.2021 The Appellant has filed an appeal in the High
Court of Karnataka with respect to the impugned
order.
Bengaluru
Dated: 15.12.2021 Advocate for Appellant
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
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APPELLATE JURISDICTION
MEMORANDUM OF REGULAR FIRST APPEAL UNDER SECTION 96 AND
ORDER 41 OF THE CODE OF CIVIL PROCEDURE, 1908
BEFORE THE LXIII CITY CIVIL & SESSIONS JUDGE (CCH 64),
BENGALURU
OS 245/2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RFA No. __________ / 2021 [MON]
BETWEEN
Rank in the
High Court Trial Court
Mr. Ranveer Singh APPELLANT PLAINTIFF
S/o Late Mr. Jagjit Singh
Aged about 38 years
Residing at Flat No. 201
Another Sky, Banaswadi,
Horamavu Junction,
Bengaluru 560043
AND
Mr. Ranbir Kapoor RESPONDEN DEFENDAN
S/o Late Mr. Rishi Kapoor T T
Aged about 42 years
Residing at Flat No. 606,
1st Cross, Prestige Fairfields,
Koromangala,
Bengaluru 560084
The Appellant above named respectfully submits as follows:
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1. The address of the Appellant for the purpose of service of summons, notices
and all processes of this Hon’ble Court is as shown in the cause title
hereinabove. The Appellant may also be served through his Advocate Shri.
Ruchi Agrawal, Horamavu, Bengaluru 560043 (Phone: 9945602512; email:
ruchiagar19@outlook.com)
2. The address of the Respondent is correct for the purpose of service of
summons and notices of this Hon’ble Court.
3. The Appellant herein is the Plaintiffand the Respondent herein is the
Defendant in OS 245/2017 pending before the Learned LXIII City Civil and
Sessions Judge, Bengaluru (CCH-64) (hereinafter Ld. Trial Court).
FACTS OF THE CASE
4. The Plaintiff filed a property suit (OS 245/2017) under Section 26 and Order VII
Rule 1 of the Code of Civil Procedure, 1908 (CPC), on 15.09.2017 before the Ld.
Trial Court, seeking a decree against the Appellant herein, for the possession of
immovable property bearing Site No. 90, Ashoka Avenue, Murugeshpalya,
Bengaluru-560048. This matter is pending before the Ld. Trial Court.
5. The Ld. Trial Court dismissed the Plaint with costs vide order dated 15/11/2021,
by solely relying on the Respondent’s title documents and witness statements to
conclude that the Appellant’s claim lacked merit.
6. Aggrieved by the said order the Appellant prefers this appeal on the following
grounds.
GROUNDS
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7. Without considering the facts of the case, and without applying its mind on
questions of fact and law, the Ld. Trial Court erroneously dismissed the Plaint
filed by the Appellant.
8. That the impugned order passed by the Ld. Trial Court is contrary to the materials
placed on record, suffers from serious infirmities and errors apparent on the face
of record and deserves to be set aside.
9. The impugned order goes against established principles of law, defeats the
purpose of the provision of law providing for property claims, and is contrary to
binding precedents laid down by the Hon’ble Supreme Court, and causes grave
injustice to the Appellant.
10. The Ld. Trial Court erred in not giving due weight to the crucial documents
presented by the Appellant proving his ownership and possession of the disputed
land and in addition failed to properly assess the credibility of witnesses of the
Respondent herein, leading to an erroneous conclusion with respect to the
ownership and possession of the disputed land.
11. The Ld. Trial Court further dismissed the suit without addressing specific legal
arguments raised by the Appellant which constitutes a serious error of law.
12. The Ld. Trial Court was therefore not correct in rejecting the Plaint filed by the
Appellant vide order dated 15.09.2017 by stating that the Appellant failed to
establish rightful ownership and possession of the disputed land, and deserves to
be quashed and set aside.
13. Passing such an order will immensely help the Appellant, and at the same time,
it does not cause any harm or adversely affect the interests of the Respondent.
14. The cause of action arose on 15.11.2021, when the Ld. Trial Court rejected the
Property claim filed by the Appellant herein in OS 245/2017.
15. On the same cause of action, no earlier Regular First Appeal has been filed.
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LIMITATION:
16. This Regular First Appeal is filed within the limitation period prescribed by the
Code of Civil Procedure, 1908.
VALUATION:
17. The value of the subject matter in this appeal exceeds Rs.1000. Hence, a fixed
court fee of Rs 15 (Rupees Fifteen only) is paid on this Regular First Appeal
under Article 3 (iii) (1) (a) of Schedule II of The Karnataka Court Fee and Suits
Valuation Act, 1958.
PRAYER
Therefore, the Appellant humbly prays that this Hon’ble Court may be pleased:
1. to set aside the impugned Order dated 15.11.2021, passed by the Ld. LXIII City
Civil and Sessions Judge, at Bengaluru (CCH-64) in OS 245/2017, and remand
the Property claim filed by Appellant to the Ld. Trial Court, and direct the Ld.
Trial Court to conduct a fresh and thorough reconsideration, taking into account
all relevant evidence in the interest of justice and equity.
2. To call for records, if necessary, and to pass such other suitable reliefs as this
Hon’ble Court deems fit under the facts and circumstances of the case, in the
interests of justice and equity.
Bengaluru xxx
Dated: 15.12.2021 Advocate for Appellant
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
REGULAR FIRST APPEAL NO.
BETWEEN:
Mr. Ranveer Singh PETITIONER
AND
Mr. Ranbir Kapoor RESPONDENT
VERIFYING AFFIDAVIT
I, Ranveer Singh, S/o Mr. Jagjit Singh, aged about 38 years, residing at R/a Flat No.
201 Another Sky, Banaswadi, Horamavu Junction, Bengaluru 560043 the Petitioner
above named, do hereby solemnly affirm and state as follows:-
1. I am the authorized representative of the disputed land and I am the
Petitioner in the above case. I am fully conversant with the facts of this case
and competent to swear to this Affidavit.
2. I solemnly affirm and state that what is stated in paragraphs 1 to 17 is true to
the best of my knowledge, information and belief.
3. All the annexures are originals and true copies of the originals.
Bengaluru DEPONENT/Petitioner
Dated:15 /12/2021
Identified by me: Sworn to before me
Advocate
