Disposed

Ramesh Shrinivas Heda v. Suryakant K. Shanbhag

Karnataka HC4 Dec 2013MFA/24934/2012

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a miscellaneous first appeal against an order granting interim injunction. The appellate court modified the restriction on alienation, added a specific timeframe, and directed the trial court to expedite disposal within nine months.

What did the court decide?

Injunction against alienation extended until suit disposal plus 15 days; trial court directed to dispose of suit within 9 months.

Ramesh Shrinivas Heda Vs Suryakant K. Shanbhag — Execution and Attachment | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 04^TH DAY OF DECEMBER, 2013

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PRESENT

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THE HON’BLE MR.JUSTICE DILIP B BHOSALE

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AND

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THE HON’BLE MR.JUSTICE B.MANOHAR

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M.F.A. NO. 24934/2012 (CPC)

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BETWEEN:

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RAMESH SHRINIVAS HEDA AGE: 49 YEARS, OCC: BUSINESS R/O. 471, SHAHAPUR ROAD, VADAGAON, BELGAUM-590005.

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MUKUND VISHNULAL BANG AGE: 49 YEARS, OCC: BUSINESS R/O. 553, VITHAL GALLI, SHAHAPUR, BELGAUM-590003.

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OMPRAKASH NARAYANDAS BHANDARI AGE: 53 YEARS, OCC: BUSINESS R/O. 275, HULBATTE COLONY, SHAHAPUR, BELGAUM-590003.

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SHYAMSUNDAR NARAYANDAS BHANDARI AGE: 55 YEARS, OCC: BUSINESS R/O. 275, HULBATTE COLONY, SHAHAPUR, BELGAUM-590003. ... APPELLANTS

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(BY SRI M. G. NAGANURI, ADVOCATE)

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AND :

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SURYAKANT K. SHANBHAG AGE: 49 YEARS, OCC: BUSINESS R/O. HOTEL ‘UDAY BHAVAN’, 5/C KHANAPUR ROAD, TILAKWADI, BELGAUM-590006.

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KARNATAKA STATE FINANCIAL CORPORATION R/BY ITS MANAGING DIRECTOR KSFC BHAVAN, NO. 1/1 TIMMAIAH ROAD, BANGALORE-560051.

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THE ASSISTANT GENERAL MANAGER KARNATAKA STATE FINANCIAL CORPORATION BELGAUM BRANCH, NEAR HOTEL SALMAN DELUXE, COLLEGE ROAD, BELGAUM-590001. ... RESPONDENTS

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(BY SRI J. S. SHETTY, ADVOCATE FOR C/R1; SRI VEERESH R. BUDIHAL, ADVOCATE FOR R3; RESPONDENT NO.2 SERVED)

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THIS M.F.A. IS FILED U/O.XLIII RULE 1(r) R/W. SEC. 104 OF CPC 1908, AGAINST THE JUDGMENT AND ORDER DTD:27.07.2012 PASSED IN O.S. NO.139/2010 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE BELGAUM, ALLOWING THE I.A. NO.1 FILED U/O. XXXIX RULE 1 & 2 OF CPC.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, DILIP B BHOSALE, J., DELIVERED THE FOLLOWING:

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PC:

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This Miscellaneous First Appeal is directed against the order dated 27.07.2012 passed by the

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Court below on an application bearing IA No.1 filed by

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respondent No.1-plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’). The Court below vide order dated 27.07.2012 granted order of injunction restraining the appellants from alienating the suit property bearing Sy.No.32/6/3C measuring 4 guntas and Sy.No.32/6/3D measuring 4 guntas of village Angol, district Belgaum, pending disposal of the suit.

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Mr. M.G. Naganuri, learned counsel appearing for

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the appellants has filed memo dated 04.12.2013 duly signed by appellant Nos.2 and 3 giving undertaking that they shall not alienate the suit property for a period of six months from today. He prayed for direction to dispose of the suit within a period of six months from today.

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Keeping that in view and considering the nature of order impugned in the present Miscellaneous First

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Appeal, we are satisfied that the following order shall meet the ends of justice:

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i) the appellants shall not either alienate or create any third party rights in the suit property till disposal of the suit (O.S. No.139/2010) pending before the III Addl. Senior Civil Judge, Belgaum and for a period of 15 days from the date of disposal of the suit.

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ii) the trial Court shall endeavour to dispose of the suit as expeditiously as possible and preferably within a period of nine months from the date of receipt of this order.

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With these observations, appeal is disposed of.

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SD/JUDGE

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SD/JUDGE

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Jm/-

Ramesh Shrinivas Heda v. Suryakant K. Shanbhag

Case brief

What is this about?

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Ramesh Shrinivas Heda v. Suryakant K. Shanbhag

Case brief

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