Disposed

R Saravanan v. Smt R Chitra

Karnataka HC10 Nov 2023MFA/1610/2023

Case brief

AI extract

What is this about?

This High Court miscellaneous first appeal disposed of the challenge to a trial court's interim order on possession. The court directed the lower court to decide the partition suit on merits within eight months, unaffected by prior observations, and disposed of pending applications.

What did the court decide?

The appeal is disposed of; the trial court directed to dispose of the suit on merits within eight months; all pending applications disposed of.

R Saravanan Vs Smt R Chitra — Partition | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:40419 MFA No. 1610 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 10^TH DAY OF NOVEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1610 OF 2023 (CPC)

¶6

BETWEEN:

¶7

R SARAVANAN S/O LATE K RAMU AGED 44 YEARS R/A NO 169, 2ND MAIN ROAD DOMLUR LAYOUT, BANGALORE 71 …APPELLANT (BY SMT. GOPAMMA., ADVOCATE) AND:

¶8

Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka

¶9

SMT R CHITRA W/O LATE PARTHASARATHY D/O K RAMU & LATE VIJAYALAKSHMI AGED 56 YEARS R/AT NO 169, 3RD FLOOR SECOND MAIN ROAD DOMLUR LAYOUT BANGALORE 71 (NOTE:WRONGLY SPECIFIED ADDRESS OF R1 INSTEAD OF R/AT NO 691 SECOND MAIN ROAD DOMLUR LAYOUT BANGALORE 560071).

¶10

SMT R MAHALAKSHMI W/O V RAMAMURTHY D/O LATE K RAMU AND LATE VIJAYALAKSHMI AGED 53 YEARS RA/T NO 191, A BLOCK

¶11

2 - NC: 2023:KHC:40419 MFA No. 1610 of 2023

¶12

SINGASANDRA HOSUR MAIN ROAD BANGALORE 560068.

¶13

SMT R RAJALAKSHMI ADVOCATE W/O V RAJESH D/O K RAMU AND LATE VIJAYALAKSHMI AGED ABOUT 50 YEARS R/AT NO B-13, BDA FLAT NO 106 GROUND FLOOR, DOMLUR VILLAGE BANGALORE 560071.

¶14

SMT R BHAGYALAKSHMI W/O S MUNIRAJU D/O K RAMU & LATE VIJAYALAKSHMI AGED ABOUT 44 YEARS R/AT NO 691, SECOND MAIN ROAD DOMULUR LAYOUT BANGALORE-560071.

¶15

K RAMU S/O LATE KUPPUSWAMY SINCE DECEASED

¶16

THE BANGALORE CITY CO OPERATIVE BANK LIMITED (BRANCH OFFICE) REP BY ITS BRANCH MANAGER NO 29 A, 1ST STAGE BINNMANGALA, INDIRANAGAR BANGALORE 560038.

¶17

KUMARI R RINDHYA D/O LATE R DHANALAKSHMI & K RAVI AGED ABOUT 19 YEARS R/AT NO 169, GROUND FLOOR SECOND MAIN ROAD DOMLUR LAYOUT BANGALORE-560071. …RESPONDENTS

¶18

3 - NC: 2023:KHC:40419 MFA No. 1610 of 2023

¶19

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 06.01.2023 PASSED ON I.A.NO.II/2022 IN OS.NO. 26064/2018 ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING THE I.A.NO.II/2022 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶20

JUDGMENT

¶21

This appeal is filed by defendant No.2 under Order 43 Rule 1(r) of CPC, challenging the order dated

¶22

06.01.2023 passed on IA No.II/2022 in O.S.No.26064 /2018 by the City Civil and Sessions Judge, Bengaluru.

¶23

For the sake of convenience, parties are referred to as per their ranking before the trial court.

¶24

The plaintiff filed a suit for partition and separate possession. After service of summons, defendants appeared through counsel. Thereafter defendant No.2 filed IA No.IV/2022 seeking permission to amend the written statement and plaintiff filed IA No.II/2022 seeking ad-interim temporary injunction. After hearing the parties,

¶25

¶26

NC: 2023:KHC:40419 MFA No. 1610 of 2023

¶27

the trial court directed the parties to maintain status-quo

¶28

regarding the possession of the suit property.

¶29

It is the contention of the learned counsel for the

¶30

appellant that the trial court has given a finding regarding possession without any materials produced by the plaintiff. Hence, he prays for allowing the appeal.

¶31

Under these circumstances, the only relief that

¶32

can be granted is to direct the trial court to dispose of the suit expeditiously.

¶33

Accordingly, I pass the following order:

¶34

(i) The appeal is disposed of.

¶35

(ii) The trial court is directed to dispose

¶36

of the suit, as expeditiously as possible, not later than eight months from the date of receipt

¶37

of the copy of this order.

¶38

(iii) The trial court is directed to dispose

¶39

of the suit on merits without being influenced

¶40

5 - NC: 2023:KHC:40419 MFA No. 1610 of 2023

¶41

by the observations made in the impugned order dated 06.01.2023.

¶42

(iv) Both the parties are directed to co-

¶43

operate for speedy disposal of the suit.

¶44

(v) All pending applications stand

¶45

disposed of.

¶46

Sd/JUDGE

¶47

CM List No.: 2 Sl No.: 44

R Saravanan v. Smt R Chitra

Case brief

What is this about?

What did the court decide?

R Saravanan v. Smt R Chitra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Sakamma Vs the Branch Manager

Shivakumar M Vs Munirathnamma

Smt Anu M Vs United India Ins. Co.Ltd.

S.K.Narasimha Murthy Vs Kum.Swarna @ Preethi

Sri Raju H Vs Sri Babykutty

Sri Sannakkiraya Swamy Devastanada Vs Sri M Shivakumar