Dismissed

A Ashwathappa S/O Late Appayyanna v. Smt R Deepa W/O C.P. Harish

Karnataka HC9 Jul 2012MFA/6207/2012

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed an appeal by defendant no.3 against the trial court's order removing an interim injunction. The trial court held the injunction had been wrongly obtained by suppression of a prior order. The appellate court found no legal infirmity but clarified that the appellant's claim regarding a separately purchased site remains unaffected.

What did the court decide?

The interim injunction removal order of the trial court was affirmed; I.A.I/2012 for temporary injunction stands dismissed.

A Ashwathappa S/O Late Appayyanna Vs Smt R Deepa W/O… — Property and Title | Karnataka HC (2012)

¶1

¶2

MFA No.6207/2012

¶3

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

¶4

DATED THIS THE 9^TH DAY OF JULY 2012

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE H.G.RAMESH

¶7

MFA No.6207/2012

¶8

BETWEEN :

¶9

A. ASHWATHAPPA S/O. LATE APPAYYANNA AGED ABOUT 55 YEARS R/AT. THINDLU VILLAGE VIDYARANYAPURA POST BANGALORE – 560 097

¶10

...APPELLANT

¶11

(BY SRI. M. S. VARADARAJAN, ADVOCATE)

¶12

AND :

¶13

1 SMT. R. DEEPA W/O. C. P. HARISH AGED ABOUT 30 YEARS MALLUR VILLAGE SIDLAGHATTA TALUK CHIKKABALLAPUR DISTRICT

¶14

2 SMT. SUBBAMMA W/O. LATE KEMBYRAPPA AGED ABOUT 82 YEARS NO. 145/2, SHARADAMBHA TEMPLE ROAD JALAHALLI, BANGALORE – 560 013

¶15

3 S. N. BACHANNA S/O. LATE CHIKKANARASAPPA AGED ABOUT 65 YEARS SAMPIGEHALLI VILLAGE

¶16

¶17

MFA No.6207/2012

¶18

YELAHANKA HOBLI BANGALORE NORTH

¶19

...RESPONDENTS

¶20

(BY SRI. RAJANNA, ADVOCATE FOR C/R-1)

¶21

THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 16.06.2012 PASSED ON IA NO.5 IN O.S. NO.928/2011 ON THE FILE OF 24TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, ALLOWING IA NO.5 FILED UNDER ORDER 39 RULE 4 OF CPC FOR VACATING THE ORDER OF T.I.

¶22

THIS MFA COMING ON FOR ADMISSION, THIS DAY THE COURT DELIVERED THE FOLLOWING:

¶23

J U D G M E N T

¶24

H.G.RAMESH, J. (Oral):

¶25

This appeal by defendant no.3 is directed against

¶26

an interlocutory order dated 16.06.2012 passed by the trial court in the suit in O.S.No.928/2011.

¶27

I have heard the learned counsel for the parties and perused the impugned order.

¶28

The trial court, by the impugned order, has allowed I.A.No.5 filed by the plaintiff and has vacated the interim

¶29

injunction dated 16.05.2012 granted by the vacation

¶30

¶31

MFA No.6207/2012

¶32

Court on the ground that the appellant/defendant no.3 had obtained the said order by suppressing the order dated 07.12.2011 wherein temporary injunction had been granted by the trial court against the appellant. I find no legal infirmity in the impugned order of the trial court. No ground to admit the appeal. The appeal is accordingly dismissed. However, it is clarified that this order will not in any way prejudice the appellant's claim in respect of site no.3 which is stated to have been purchased by him by a sale deed dated 26.10.2006 and rectified by the rectification deed dated 06.05.2009.

¶33

In view of dismissal of the appeal, I.A.I/2012 filed

¶34

for temporary injunction also stands dismissed.

¶35

Appeal dismissed.

¶36

Sd/-

¶37

hkh.

A Ashwathappa S/O Late Appayyanna v. Smt R Deepa W/O C.P. Harish

Case brief

What is this about?

What did the court decide?

A Ashwathappa S/O Late Appayyanna v. Smt R Deepa W/O C.P. Harish

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt Nagomi D/O Late Veenmani Nyasaraj Vs Smt Sharanam W/O Mallayappan

Smt Leelamma Vs Shriram Transport Finance Co.Ltd.

Zee Entertainment Enterprises Limited Vs Mr Iqbal Pasha

The Oriental Ins. Co. Ltd. Vs Smt. K C Sunanda

Sri C Francis Vs Sri H S Narayansa

Mr Krishna Naik K Vs Smt. Usha R Kulkarni