Sri Mylaraiah v. Smt Muni Siddamma
Case brief
What is this about?
In a first appeal under Order 43 r 1(r) of the CPC, the High Court disposed of the appeal without altering civil court orders granting interim injunctions against construction. directing parties to expedite the title suit to resolve the dispute over ownership of the disputed property. This summary excludes procedural history.
What did the court decide?
Appeal disposed; civil court directed to decide suit within 6 months.
What the court decided
- 1 -
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2022
BEFORE
THE HON’BLE MR.JUSTICE B.M.SHYAM PRASAD
MISCELLANEOUS FIRST APPEAL NO.3839/2022 (CPC)
BETWEEN:
SRI. MYLARAIAH S/O LATE MALLAPPASHETTY AGED ABOUT 59 YEARS R/AT NO.1161 JEEVANA, 2ND FLOOR 12TH CROSS, 1ST STAGE, 1ST PHASE, CHANDRA LAYOUT BANGALORE - 560 040.
... APPELLANT (BY SRI. SHASHI KIRAN SHETTY, SENIOR ADVOCATE FOR SMT. LATHA S SHETTY, ADVOCATE)
AND:
SMT. MUNI SIDDAMMA W/O LATE VEERAIAH AGED ABOUT 68 YEARS R/AT NO.2074/A, 2ND FLOOR 38TH EAST, B CROSS 9TH BLOCK JAYANAGAR BENGALURU - 560 053.
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the civil court's discretion in granting interim injunctions when title disputes are pending.
Whether the respondent's claim under an unregistered power of attorney rates over the plaintiff's claim under a compromise decree.
Whether the civil court should have denied the interim injunction despite the appeal being instituted under Order 43 r 1(r) of the CPC.
Parties & counsel
- appellant
Sri. Mylaraiah
- respondent
Smt. Muni Siddamma
Coram
B.M. Shyam Prasad
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · July
- Registered
- Case no.
- MFA/3839/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court