The High Court of Karnataka disposed of the Miscellaneous First Appeal filed against the order of issuance of summons in a suit regarding suit schedule property, directing the trial court to dispose of an interim application.
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.
NC: 2023:KHC:22175 MFA No. 2645 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.2645 OF 2023 (CPC)
BETWEEN:
SMT. M. PRABHAVATHI, W/O C.R. LAKSHMINARAYAN, AGED ABOUT 55 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGLURU-560 071.
REP. BY HER GPA HOLDER MR. R.L MYUR SUPRATHIK, S/O C.R LAKSHMINARYAN, AGED ABOUT 22 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLURU LAYOUT, BENGALURU 560 071
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
…APPELLANT (BY SRI RAHUL S. REDDY, ADVOCATE)
NC: 2023:KHC:22175 MFA No. 2645 of 2023
MANDUR POST, BANGALORE EAST TALUK, BENGALURU -560 049
R3 AND R4 ARE RESIDING AT NO.424, 4TH ‘G’ MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, KALYANAGAR, BENGALURU -560 043.
…RESPONDENTS
(BY SRI SHARATH S. GOWDA, ADVOCATE FOR R5; R3 SERVED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ WITH SECTION 151 OF CPC, AGAINST THE ORDER DATED 09.03.2023 PASSED IN O.S.NO.475/2023 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PRAYING TO GRANT AD-INTERIM EXPARTE TEMPORARY INJUNCTION RESTRAINING THE RESPONDENT NO.5 FROM ALIENATING OR CREATING ANY THIRD PARTY RIGHTS OVER THE SUIT SCHEDULE PROPERTY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2023:KHC:22175 MFA No. 2645 of 2023
J U D G M E N T
The learned counsel for respondent No.5 submits that the next date of hearing before the Trial Court is on 07.07.2023 and they are going to appear before the Trial Court since suit summons has been ordered by the Trial Court and no interim order is granted. The learned counsel submits that when there is no order, the appeal is not maintainable.
Sd/JUDGE
MD
List No.: 1 Sl No.: 13
1 issue framed by the court
Whether a mandamus appeal is maintainable against an order of issuance of summons without interim injunction.
M. Prabhavathi
M/S. Sunrise Group
Sri B. Rajanna
M.S. Dhanalakshmi
Jyothir Tejomay S.
Alle Divakar Reddy
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
