High Court of Karnataka dismissed Miscellaneous First Appeal No. 8362 of 2022 as having become infructuous because the trial court had subsequently rejected the plaintiff's plaint under Order VII Rule 11 of CPC, rendering the underlying injunction application devoid of substance.
The appeal is dismissed as having become infructuous.
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 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 8362 OF 2022 (CPC)
BETWEEN:
SRI. M MUNIKATAPPA S/O MUNIYELLAPPA AGED ABOUT 65 YEARS R/AT NO 13 ERAPPA GARDEN AUSTIN TOWN,BANGALORE-560047.
…APPELLANT
(BY SRI. SYED JAFFER MOHIYUDDIN.,ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
SMT. M USHA D/O MUNIKATAPPA M AGED ABOUT 39 YEARS R/AT NO 352 1ST STREET ADDRESS MAKER LAKE VIEW GOLLAHALLI ELECTORNIC CITY PHASE 1, BANGALORE 560100.
…RESPONDENT
(BY SRI.NATARAJU B HALEMANE., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SEC.151 OF CPC, AGAINST THE ORDER DATED:01.09.2022 PASSED ON IA NO.1/2022 IN O.S.NO.3765/2022 ON THE FILE OF THE XLII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-43), ALLOWING IA NO.1 FILED UNDER ORDER .39 RULE 1 AND 2 OF CPC.
NC: 2023:KHC:39335 MFA No. 8362 of 2022
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Order XXXIX Rules 1 and 2 read with Section 151 of CPC whereby the said application filed by the plaintiff has been allowed by the trial Court and restrained the defendant from alienating the suit schedule property in any manner, pending disposal of the suit.
NC: 2023:KHC:39335 MFA No. 8362 of 2022
survive for consideration and the same has become infructuous.
become infructuous.
Sd/JUDGE
HA
List No.: 1 Sl No.: 53
2 issues framed by the court
Whether the present appeal survives consideration in view of the rejection of the plaint by the trial court.
Whether the appeal should be dismissed as infructuous.
4 provisions across 1 enactments
SRI. M MUNIKATAPPA
SMT. M USHA
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
