High Court held an appeal filed under Order XLIII Rule 1(r) CPC against an interim injunction order is not maintainable before it, as the remedy lies before the District Court as a miscellaneous appeal.
Appeal dismissed as not maintainable; liberty reserved to file appeal before jurisdictional District Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 08TH DAY OF DECEMBER, 2020
PRESENT
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON’BLE MR. JUSTICE N.S. SANJAY GOWDA
M.F.A. No.4021/2020 (CPC)
BETWEEN:
MRS. KUBRA BANU, AGED ABOUT 36 YEARS, D/O. VAZEED KHAN URUF VAJEED W/O. SHAFIULLA R/AT DEVAGANAHALLI VILLAGE, KASABA HOBLI, GOWRIBIDANUR TALUK – 561 208.
... APPELLANT
(BY SRI MOHANA CHANDRA P., ADVOCATE)
AND:
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RESPONDENT NOS.2 TO 7 ARE R/AT ALAKAPURA VILLAGE, THONDEBHAVI HOBLI, GOWRIBIDANUR TALUK – 561 213. ... RESPONDENTS
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THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19/08/2020 PASSED IN I.A.Nos.5 AND 6 IN O.S.No.24/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDANUR, ALLOWING I.A.Nos.5 AND 6 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
J U D G M E N T
Office has raised an objection with regard to maintainability of the appeal before this Court.
appellant.
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the appeal is dismissed as not maintainable reserving liberty to the appellant to file an appeal before the jurisdictional District Court, if so advised.
In view of the aforesaid order, filing of second set
does not arise.
Sd/JUDGE
Sd/JUDGE
S*
2 issues framed by the court
Whether an appeal filed under Order XLIII Rule 1(r) of CPC against an order passed on an interim application under Order XXXIX Rules 1 and 2 read with Section 151 CPC is maintainable before the High C
Whether the remedy lies before the District Court as a Miscellaneous Appeal or before the High Court as a Miscellaneous First Appeal.
2 provisions across 1 enactments
Mrs. Kubra Banu
Mr. Khalandar
Mr. Vaheed Khan
Mr. Mahabub Khan
Mr. Thammaiah
Smt. Noor Jahan
Justice B.V.Nagarathna
Justice N.S. Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court