An appeal challenging an interim order was dismissed as infructuous because the underlying suit had already been dismissed by the trial court.
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: 2024:KHC-D:14954 MFA No. 100238 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.100238 OF 2018 (CPC)
BETWEEN:
…APPELLANTS
(BY SRI M. G. MALAVADE, ADVOCATE)
AND:
Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka
NC: 2024:KHC-D:14954 MFA No. 100238 of 2018
R/O: AT PO: SHYAGOTI VILLAGE, TQ AND DIST:GADAG.
…RESPONDENTS
(BY SRI SANGRAM S. KULKARNI, ADVOCATE FOR R1, R3, R6, R7 AND R8)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1 READ WITH SECTION 104 OF CPC., PRAYING TO, SET ASIDE THE IMPUGNED ORDER DATED 20.09.2017 ON I.A.NO.III PASSED BY PRINCIPAL DISTRICT AND SESSION JUDGE GADAG IN O.S.NO.1/2014 MARKED AS DOCUMENT NO.1 THEREBY ALLOW SAID I.A AND THEREBY RESTRAIN DEFENDANTS NO.1 TO 8 FROM ALIENATING THE SUIT PROPERTY OR CAUSING ANY TYPE OF OBSTRUCTION IN THE ENJOYMENT OF THE TRUST PROPERTY PENDING DISPOSAL OF THE SUIT AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC-D:14954 MFA No. 100238 of 2018
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present appeal is filed challenging the order dated 20.09.2017 passed on I.A No.III in O.S No.1/2014 by the Court of Principal District and Sessions Judge, Gadag1 .
has been dismissed by the Trial Court on 06.01.2021.
is dismissed as having been rendered infructuous.
Sd/(C.M. POONACHA) JUDGE
PMP CT-ASC List No.: 1 Sl No.: 5
1 Hereinafter referred to as the ‘Trial Court’
1 issue framed by the court
Whether the miscellaneous first appeal challenging an interim injunction order remains viable after the suit has been dismissed by the trial court?
1 provisions across 1 enactments
Elish S/o. Fransis Goudellar
Srinivas D. David
Rt. Rev. R. J. Niranjan
Dr. M. N. Hanchinamani
Suganayamma Kalpala
Vasant S/o. Tedurappa Konesagar
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
