MFA against order issuing summons without interim injunction. Court directed trial court to dispose of the injunction application within one month with opportunity to both parties before the date of next hearing.
Trial court directed to dispose of I.A. No.1 in OS No.479/2023 within one month from 07.07.2023 with opportunity to both parties.
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:22178 MFA No. 2662 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.2662 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, BENGALURU 560 071.
REP. BY HER GPA HOLDER MR. R.L. MAYUR SUPRATHIK, S/O C.R LAKSHMINARYAN, AGED ABOUT 22 YEARS, R/AT NO.227, 6TH CROSS, 1ST MAIN ROAD, DOMLURU LAYOUT, BENGALURU 560 071.
…APPELLANT
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
AND:
(BY SRI RAHUL S. REDDY, ADVOCATE)
NC: 2023:KHC:22178 MFA No. 2662 of 2023
BANGALORE EAST TALUK, BENGALURU 560 049.
R3 AND R4 ARE R/AT NO. 424, 4TH G MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, KALYANAGAR, BENGALURU 560 043.
R5 AND R6 ARE R/AT 9, LANE 1, ABHIVRUDDHI GARDEN, SACRED HEARTZ ROAD, T.C.PALYA, BENGALURU 560 037.
…RESPONDENTS
(R3, R5 AND R6 ARE 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 ON I.A.NO.1 IN OS.NO.479/2023 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, PRAYING TO GRANT AD-INTERIM EX-PARTE TEMPORARY INJUNCTION RESTRAINING THE RESPONDENT NOS.5 AND 6 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:22178 MFA No. 2662 of 2023
J U D G M E N T
The learned counsel for the appellant submits that in similar matter in M.F.A.No.2645/2023, the learned counsel for respondent No.5 therein submitted that the next date of hearing before the Trial Court is on 07.07.2023 and the defendants are going to appear before the Trial Court since suit summons has been ordered by the Trial Court and no interim order is granted and when there is no order, the appeal is not maintainable.
of summons and no interim order has been granted. The respondent Nos.3, 5 and 6 have been served and unrepresented in this appeal. This Court in similar matter directed the Trial Court to dispose of the I.A. Hence, it is appropriate to direct the Trial Court to dispose of the I.A.
within one month from the date of next hearing i.e., 07.07.2023, by giving an opportunity to both the parties.
Sd/JUDGE
MD List No.: 1 Sl No.: 15
2 issues framed by the court
Whether the high court should direct the trial court to dispose of the application for interim injunction within one month.
Whether to grant relief to restrain respondents from alienating suit schedule property.
1 provisions across 1 enactments
Smt. M. Prabhavathi
M/s Sunrise Group
Sri B.R. Rajanna
Smt. M.S. Dhanalakshmi
Sri Jyothir Tejomay S
H.P. Sanadesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
