Appeal against an interlocutory order granting temporary injunction was challenged before the High Court despite the suit being valued below its pecuniary jurisdiction. The court held valuation must be taken as stated by the plaintiff, sustained office objections, and dismissed the appeal as withdrawn with liberty to approach the appropriate forum.
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:37758 MFA No. 5453 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5453 OF 2024 (CPC)
BETWEEN:
SMT. B.S. SHYLAJA, W/O. DR. S.C. SHANKARALINGAIAHA, AGED ABOUT 64 YEARS, R/AT.NO.2017/A, 1ST MAIN ROAD, 10TH CROSS, 2ND STAGE, VIJAYANAGAR, BENGALURU – 560 040.
…APPELLANT
(BY SRI. PRAVEEN KUMAR K., ADVOCATE)
AND:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:37758 MFA No. 5453 of 2024
RESPONDENT NOS.2 TO 6 ARE RESIDING AT MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGLA TALUK, KARNATAKA – 562 111.
…RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 22.03.2024 PASSED ON I.A.NO.1 IN O.S.NO.179/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA, ALLOWING THE I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the impugned order passed by the Trial
Court, the defendant has come up before this Court by filing this appeal. It is submitted that the suit is valued at Rs.8,00,000/-. The office has raised an objection with regard to the pecuniary jurisdiction.
ORDER
SD/(LALITHA KANNEGANTI) JUDGE
BN List No.: 1 Sl No.: 24
1 issue framed by the court
Whether the High Court had pecuniary jurisdiction over an appeal in a suit valued at Rs.8,00,000/- when the plaintiff claimed only 25% of the amount?
2 provisions across 1 enactments
Smt. B.S. Shylaja
Smt. Ambujakshi
Sri. Siddagangappa
Smt. Nagarathnamma
Smt. Geetha
Sri. Shivakumar
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
