Appeal against an interim injunction order in a property suit. The Court held that jurisdiction depends on the valuation declared in the plaint, which was Rs.6 lakhs, making the appeal non-maintainable; it dismissed the appeal as withdrawn with liberty to approach the appropriate court.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:4467 MFA No. 431 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 431 OF 2024 (CPC)
BETWEEN:
BY HIS LEGAL REPRSENTATIVES
Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA
APPELLANT NOS.1 TO 3 ARE ALL RESIDING AT NO 5347, BEHIND PWD QUARTERS, SUBASHNAGAR, NELAMANGALA-562123.
…APPELLANTS
(BY SRI. S. MOHAN RAJ, ADVOCATE FOR SMT. SIRI R., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. T.KRISHNA, ADVOCATE FOR C/R1)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 09.01.2024 PASSED ON I.A.NO.1 IN OS.NO.185/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant is absent.
The learned counsel for the respondent is present.
The learned counsel for the respondent brought to
the notice of this court the valuation made before the Trial
Court to the tune of Rs.6 Lakhs in para 23 of the plaint.
Court, the appeal is not maintainable before this court.
withdrawn. However, liberty is given to the appellant to approach the appropriate court.
Sd/JUDGE
SS
List No.: 1 Sl No.: 15
2 issues framed by the court
Whether the High Court had jurisdiction over the appeal given the valuation of Rs.6 lakhs declared in the plaint.
Whether the appeal against the order granting temporary injunction was maintainable before this Court.
2 provisions across 1 enactments
H. Shivakumar (since dead) represented by his legal representatives Smt. Sunanda, S. Manjunath and S. Pavithra
G.H. Prakash
M/s. Sri Srinivasa Charitable Trust represented by its Managing Trustee Sri S. Shivakumar
M/s. Harsha Hospital
H.P.Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
