Appeals against rejection of two interlocutory applications in a 2015 suit for declaration and injunction seeking restraint on alienation and change of nature of suit property. The court declined to pass any interim order given the suit's age and directed the trial court to dispose of the suit within six months.
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:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 6450 OF 2016 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6451 OF 2016
IN MFA No. 6450/2016
BETWEEN:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016
R/AT NO.5/1-2, 9TH CROSS, CHINNAPPA GARDEN, BENSON TOWN POST, BENGALURU - 560 046.
…APPELLANTS
(BY SRI. H R ANANTHA KRISHNA MURTHY, ADVOCATE)
AND:
KRISHNAMMA GARDEN, J C NAGAR,
BENGALURU - 560 006.
NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016
AGED ABOUT 31 YEARS, R/AT NO.22, RAMASWAMY STREET, J C NAGAR, BENGALURU 560 006
…RESPONDENTS
(R2 TO R5, R9, R11 TO R14, R16 ARE SERVED AND UNREPRESENTED
VIDE ORDER DATED 27.09.2022 NOTICE TO R1, R6 TO R8, R10, R15 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED18.08.2016 PASSED ON IA NO.2 IN O.S.NO.5130/15 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY, REJECTING IA NO.2 FILED UNDER ORDER 39 RULE 1&2 OF CPC.
IN MFA NO. 6451/2016
BETWEEN:
R/AT NO.5/1-2, 9TH CROSS, CHINNAPPA GARDEN, BENSON TOWN POST, BENGALURU 560 046
...APPELLANTS
(BY SRI. H.R. ANANTHA KRISHNA MURTHY, ADVOCATE)
AND:
R/AT NO.9, 3RD CROSS, KRISHNAMMA GARDEN, J.C. NAGAR, BENGALURU-560 006.
NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016
AGED ABOUT 31 YEARS, R/AT NO.22, RAMASWAMY STREET, J C NAGAR, BENGALURU - 560 006.
...RESPONDENTS
(R2 TO R6, R9, R11 TO R14, R16 ARE SERVED AND UNREPRESENTED
VIDE ORDER DATED 24.07.2023 SERVICE OF NOTICE TO R1, R7, R8, R10, R13 AND R15 IS HELD SUFFICIENT)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED18.08.2016 PASSED ON IA NO.1 IN O.S.NO.5130/15 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY, REJECTING IA NO.1 FILED UNDER ORDER 39 RULES 1&2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Aggrieved by the orders passed in I.A.Nos.1 and 2 in O.S.No.5130/2015 dated 18.08.2016 by the LIX Addl. City Civil
and Sessions Judge, Bengaluru, the present appeal is filed.
ORDER
SD/(LALITHA KANNEGANTI) JUDGE
BN
List No.: 1 Sl No.: 13
1 issue framed by the court
Whether interim orders restraining change of nature of and alienation of suit schedule property should be granted pending disposal of the 2015 suit.
2 provisions across 1 enactments
Imran Shaikh
Fareed Khan
Maqdoom Ali Khan
Zameer Baig
Raghunath
Maheshwar Rao
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
