Defendant's appeal against rejection of application to vacate interim injunction was withdrawn by counsel after arguments; the High Court dismissed the appeal as withdrawn subject to payment of costs.
Appeal dismissed as withdrawn with Rs.10,000 cost payable to Karnataka High Court Advocates Clerks Association within one week.
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 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ MISCELLANEOUS FIRST APPEAL NO. 1422 OF 2024 (CPC)
BETWEEN:
SHAIK MAULA ALI S/O. SHAIK NASGOOR SHAH, AGED ABOUT 48 YEARS, R/O. NO.172, BHARATHI NAGAR, HUNASE MARANAHALLI POST, BANGALORE NORTH TALUK-560 217.
…APPELLANT (BY SRI. SHRAVAN MADHAV K.P., ADVOCATE)
AND:
Digitally signed by BS RAVIKUMAR Location: HIGH COURT OF KARNATAKA
P. ANUSUYA W/O. P. SASIBHUSHAN, AGED ABOUT 67 YEARS, R/O. PLOT NO.9920, HEGGANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.
…RESPONDENT
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.02.2024 PASSED ON I.A. NO.XV IN O.S.NO.250/2013 ON THE FILE OF THE IIIRD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, C/C OF IIND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE I.A. NO.XV FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:9285 MFA No. 1422 of 2024
JUDGMENT
The defendant in O.S.No.250/2013 on the file of the Senior Civil Judge, Devanahalli, has filed this appeal challenging an order dated 23.02.2024, by which an application (I.A.No.XV) filed by him under Order XXXIX Rule 4 of CPC was rejected.
NC: 2024:KHC:9285 MFA No. 1422 of 2024
Thousand only) payable to the Karnataka High Court Advocates Clerks Association, Bengaluru, within a period of one week from today.
Sd/JUDGE
PMR List No.: 3 Sl No.: 1
2 provisions across 1 enactments
SHAIK MAULA ALI S/O. SHAIK NASGOOR SHAH
P. ANUSUYA W/O. P. SASIBHUSHAN
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
