Interlocutory appeal against rejection of a temporary injunction application restraining alienation or alteration of three suit properties by making plots. On respondent No.10's undertaking not to change the property's nature or alienate it, the appeal was held not to survive and was disposed of.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.4209 OF 2022 (CPC)
BETWEEN:
…APPELLANT
(BY SRI. VASANTHAKUMAR K.M., ADVOCATE)
AND:
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:45695 MFA No. 4209 of 2022
AGED ABOUT 67 YEARS, AMBEDKAR VEEDI, UPPARAPETE, KOPPA, KOPPA TALUK-577 126.
NILUVAGILU GRAMA, KOPPA TALUK.
…RESPONDENTS
(VIDE ORDER DATED 28.03.2023,
NOTICE TO R1 TO R9 IS DISPENSED WITH; SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R10)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 22.04.2022 PASSED ON I.A.NO.XIV IN O.S.NO.08/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA, ITINERATE AT KOPPA, DISMISSING THE I.A.XIV FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
Heard the learned counsel for the appellant and the
learned counsel for respondent No.10.
NC: 2024:KHC:45695 MFA No. 4209 of 2022
of.
Sd/(H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 39
1 issue framed by the court
Whether an interim injunction restraining defendant No.10 from alienating or altering suit items 1 to 3 should be granted.
2 provisions across 1 enactments
Smt. Soumya H.S.
Smt. Sahana H.S.
Soudhamini H.S.
Smt. Savithramma
Vasudeva H.P.
Ramanna
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
