High Court of Karnataka dismissed a Miscellaneous First Appeal as having become infructuous because the underlying trial suit was disposed of by the trial court on 08.02.2021.
All pending applications stand 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.
NC: 2023:KHC:41788 MFA No. 321 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 321 OF 2017 (CPC)
BETWEEN:
BOTH ARE R/AT S-113 MAYA INDARAPRASTHA SOUTH TOWER, 11TH FLOOR 6TH PHASE J P NAGAR BANGALORE 560078. …APPELLANTS
(BY SRI. RAVISHANKAR S., ADVOCATE [ABSENT])
Digitally signed AND: by DHANALAKSHMI MURTHY
Location: High MR V NAGARAJ Court of Karnataka S/O. LATE. K S VENKATARAM AGED ABOUT 65 YEARS R/AT NO. 796, 36TH-A-CROSS 4TH-T-BLOCK, JAYANAGAR BANGALORE 560041 …RESPONDENT
(BY SRI. B G SRIRAM.,ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED:07.11.2016 PASSED ON I.A.NO.2 IN O.S.NO.7682/2016 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, WHEREIN
NC: 2023:KHC:41788 MFA No. 321 of 2017
DEFENDANT NO.3 & 4 ARE THEREBY RESTRAINED FROM PUTTING UP FURTHER CONSTRUCTION IN THE DISPUTED PROPERTY AND THEY SHALL NOT ALIENATE THE SUIT SCHEDULE PROPERTY EITHER IN FAVOUR OF DEFENDANT NO.5 & 6 OR IN FAVOUR OF ANY OTHER PERSONS. FOR W.S. AND OBJECTION OF DEFENDANT NO.3 & 4 THEREIN AND OTHER TO ISSUE SUIT SUMMONS TO DEFENDANT NO.1 & 2 AND 5 & 6 THEREIN.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
As per the trial court records, the suit itself has
been disposed of on 08.02.2021, hence the appeal does
not survive for consideration.
Sd/JUDGE
CM
List No.: 2 Sl No.: 36
SRI S SOUNDARARAJAN S/O. LATE SUBRAMANI
SMT. SUMITHA W/O. SRI S SOUNDARARAJAN
K S VENKATARAM
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
