A miscellaneous first appeal filed non-prosecution. The High Court of Karnataka dispensed with hearing and dismissed the appeal for non-appearance by the appellant.
Appeal dismissed for non-prosecution; pending applications 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 5356 OF 2022 (CPC)
BETWEEN:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
SMT SENTHAMARI W/O SRI PALANI S AGED ABOUT 29 YEARS R/AT NO 95/A, SUNKADAKATTE VILLAGE SHRIGANDADA KAVALU YESHWANTHPURA HOBLI BANGALORE NORTH TALUK BANGALORE PREVIOUSLY AT NO 39/A 5TH CROSS, I MAIN ROAD MARKANDESHWARA NAGAR SHRIGANDAKAVALU VISHWANEEDAM POST SUNKADAKATTE, BANGALORE 560091.
…APPELLANT (BY SRI. SATYANARAYANA., ADVOCATE [ABSENT]) AND:
SMT SHAKUNTHALA D W/O LATE SHESHADRI V AGED ABOUT 54 YEARS R/AT NO 2435, 3RD CROSS 10TH MAIN ROAD, D BLOCK 2ND STAGE, RAJAJINAGARA BANGALORE 560010.
…RESPONDENT
(BY SRI.THARANATH SHETTY K., ADVOCATE)
NC: 2023:KHC:39693 MFA No. 5356 of 2022
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 27.06.2022 PASSED ON I.A. IN OS.NO. 3752/2021 ON THE FILE OF THE LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH.NO.70, BENGALURU, THE I.A. FILED BY THE DEFENDANT IS DISMISSEDM THE SAME IS UNDER ORDER 39 RULE 4 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
acting or claiming under her from putting up any construction in the suit schedule property or from interfering in any manner with peaceful possession and enjoyment of the suit schedule properties during the pendency of the suit. The trial Court after considering the material available on record, has allowed the application filed by the plaintiff and granted an order of temporary injunction by order dated 23.07.2021.
NC: 2023:KHC:39693 MFA No. 5356 of 2022
6. Hence, appeal is dismissed for non-prosecution .
Sd/JUDGE
HA List No.: 2 Sl No.: 37
3 provisions across 3 enactments
SMT SENTHAMARI W/O SRI PALANI S
SMT SHAKUNTHALA D W/O LATE SHESHADRI V
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
