Two miscellaneous first appeals against interim injunction orders in a pending suit. Counsel stated the suit itself stood disposed of, making both appeals infructuous; the High Court dismissed both appeals as infructuous.
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 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 9101 OF 2017 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.9100 OF 2017 (CPC)
IN MFA No. 9101/2017
BETWEEN:
MR. SUBHASHCHANDRA M MODI, S/O LATE MAHANTHAPPA C MODI, AGED ABOUT 62 YEARS, R/AT PADMABHUSHANA, DR. M.C. MODI HOSPITAL COMPOUND, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU-560 086
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
(BY SRI. RAJESWARA P.N., ADVOCATE)
AND:
SRI. GURUR P MANAY, S/O LATE B.R. PANDURANGA RAO, AGED ABOUT 43 YEARS, PROPRIETOR, M/S SAI ASSOCIATES SLN, REFRESHMENTS, SITUATED AT DR. M.C. MODI HOSPITAL COMPOUND, WEST OF CHORD ROAD,
…APPELLANT
NC: 2024:KHC:36781 MFA No. 9101 of 2017 C/W MFA No. 9100 of 2017
MAHALAKSHMIPURAM, BENGALURU-560 086
…RESPONDENT
(BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR C/R)
THIS MFA IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC 1908, AGAINST THE ORDER DATED 25.11.2017 PASSED ON I.A.NO.2 IN O.S.NO.7623/2017 ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CITY CCH-33, DISMISSING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 4 OF CPC.
IN MFA NO. 9100/2017
BETWEEN:
MR. SUBHASHCHANDRA M MODI, S/O LATE MAHANTHAPPA C MODI, AGED ABOUT 62 YEARS, R/AT PADMABHUSHANA, DR. M.C. MODI HOSPITAL COMPOUND, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU-560 086
...APPELLANT
(BY SRI. RAJESWARA P.N., ADVOCATE)
AND:
SRI. GURUR P MANAY, S/O LATE B.R. PANDURANGA RAO, AGED ABOUT 43 YEARS, PROPRIETOR, M/S SAI ASSOCIATES SLN, REFRESHMENTS, SITUATED AT
DR. M.C. MODI HOSPITAL COMPOUND, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU-560 086
...RESPONDENT
(BY SRI. R.B. SADASIVAPPA, ADVOCATE FOR C/R)
THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.11.2017 PASSED ON IA NO.1 IN O.S.NO.7623/2017 ON THE FILE OF THE XXXIII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY, ALLOWING IA NO.1 FILED U /O.39 RULE 1&2 R/W SEC.151 OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Learned counsel for the appellant submits that the suit itself is disposed of and both the appeals have become infructuous.
Accordingly, the appeals are dismissed as infructuous.
SD/(LALITHA KANNEGANTI) JUDGE
KA CT:SNN
1 issue framed by the court
Whether the interim-order appeals survived after the suit itself was disposed of.
3 provisions across 2 enactments
Subhashchandra M Modi
Gurur P Manay
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
