Dismissed

Smt. M. Prabhavathi v. M/S Sunrise Group

Karnataka HC27 Jun 2023MFA/2668/2023

Case brief

AI extract

What is this about?

A Miscellaneous First Appeal under Order 43 Rule 1(r) CPC regarding a suit injunction. The appellant argued for disposal of an interim application at the trial court. The court disposed of this appeal by directing the trial court to decide the interim application within one month.

What did the court decide?

Disposed of by directing trial court to issue directions for disposal of I.A. within one month.

Smt. M. Prabhavathi Vs M/S Sunrise Group — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:22177 MFA No. 2668 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.P.SANDESH

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MISCELLANEOUS FIRST APPEAL NO.2668 OF 2023 (CPC)

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BETWEEN:

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SMT.M. PRABHAVATHI, W/O C.R. LAKSHMINARAYAN, AGED ABOUT 55 YEARS, R/AT NO.277, 6^TH CROSS, 1^ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU 560071.

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REP BY HER GPA HOLDER MR. R.L. MAYUR SUPRATHIK, S/O C.R. LAKSHMINARAYAN, AGED 22 YEARS R/AT NO.277, 6^TH CROSS, 1^ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU 560071.

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Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

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AND:

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…APPELLANT

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(BY SRI RAHUL S. REDDY, ADVOCATE)

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M/S SUNRISE GROUP, A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.780, 9^TH A MAIN, INDIRANAGAR 1^ST STAGE, BENGALURU 560038. REP BY ITS PARTNERS.

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SRI B. RAJANNA, S/O VARADAPPA, AGED ABOUT 41 YEARS, R/A NO.25, BENDIGANAHALLI, MANDUR POST,

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NC: 2023:KHC:22177 MFA No. 2668 of 2023

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BANGALORE EAST TALUK, BENGALURU 560049.

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CHINNI SREENIVASAS RAO, S/O ANJANEYULU, AGED ABOUT 45 YEARS.

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SMT. ALAPATI VIJAYA LAKSHMI, W/O CHINNI SREENIVASA RAO, AGED ABOUT 39 YEARS.

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R3 AND R4 ARE R/AT NO.10-14-15 KANUMALAVARI STREET, KAVALI, VELLORE, ANDRA PRADESH 524201.

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…RESPONDENTS

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(R3 AND R4 ARE SERVED)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 09.03.2023 PASSED ON I.A.NO.1 IN OS.NO.471/2023 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.3 AND 4 FROM ALIENATING OR CREATING ANY THIRD PARTY RIGHTS OVER THE SUIT SCHEDULE PROPERTY.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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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

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NC: 2023:KHC:22177 MFA No. 2668 of 2023

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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.

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The learned counsel for the appellant submits that if the defendants are appearing on 07.07.2023, a direction can be given to the Trial Court to dispose of the I.A. within one month.

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This appeal is filed against the order of issuance of summons and no interim order has been granted. The respondent Nos.3 and 4 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.

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Accordingly, the appeal is disposed of.

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List No.: 1 Sl No.: 16

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Sd/JUDGE

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Smt. M. Prabhavathi v. M/S Sunrise Group

Case brief

What is this about?

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Smt. M. Prabhavathi v. M/S Sunrise Group

Case brief

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