In Miscellaneous First Appeal No. 1055 of 2021 over an order dismissing an injunction application, the High Court of Karnataka held that as defendants had completed construction, the appeal became infructuous and dismissed it.
The appeal was dismissed as having become infructuous. Pending applications disposed of.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1055 OF 2021 (CPC)
BETWEEN:
…APPELLANTS
(BY SRI. PRADEEP H S.,ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
AGED ABOUT 33 YEARS
R8 TO R13 ARE RESIDING AT WHITE FIELD VILLAGE K R PURAM HOBLI, WHITEFIELD POST BANGALORE-560 0667.
R14 & R15 ARE RESIDING AT CONFIDENT ORION G NO.6 SOMPURA GATE YEMRE SARJAPURA BENGALURU-562 125
…RESPONDENTS
(BY SRI.N SAVANUR., ADVOCATE FOR R14 & R15: NOTICE TO R1 TO R13 ARE DISPENSED WITH V/O DATED: 01.08.2022)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 22.01.2021 PASSED ON I.A.NO.5 IN OS.NO.1668/2016 ON THE FILE OF THE VI ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, DISMISSING THE I.A.NO.V FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellants-plaintiffs submits that the defendants have already completed the construction in the suit schedule property and the present appeal does not survive for consideration. Hence, the appeal may be dismissed as having become infructuous.
The memo is placed on record.
Accordingly, the appeal is dismissed as having become infructuous.
All pending applications, if any, shall stand disposed of.
Sd/JUDGE
DM
List No.: 3 Sl No.: 1
1 issue framed by the court
Whether the present appeal survives for consideration given that the defendants have already completed the construction in the suit schedule property.
Mrs Aronya Mary D/o Late Mary Josephin & Mrs Rosita Ranjini D/o Late Mary Josephin
Mrs Rani Ammal D/o Late Sampangi & S/o Others (R1 to R15)
H.T. Nandakumar
Justice H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
