The High Court, Bengaluru, dismissed a second miscellaneous appeal filed under Order 43 Rule 1(C) CPC as not maintainable against an order dismissing the first miscellaneous appeal challenging a temporary injunction.
The appeal was dismissed as not maintainable.
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 10TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS SECOND APPEAL NO. 81 OF 2022
BETWEEN:
SRI. NARAYANAN ANANTHAN, S/O SRI. A. NARAYANAN. AGED ABOUT 68 YEARS, R/AT FLAT NO. 7D, RAMANIYAM PUSHKAR, PHASE 1, KK SALAI, SHOLINGANALLUR, CHENNAI - 600 119, REPRESENTED BY HIS GPA HOLDER SRI. VENU SARAGUR.
…APPELLANT
(BY SRI. GIRISH C.S, ADVOCATE)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S
GEETHAKUMARI 1. SRI. HARISH, PARLATTAYA S S/O SRI. MUNIKAVERAPPA, Location: High AGED ABOUT 30 YEARS, Court of Karnataka R/AT SRILAKSHMIVENKATESHWARA NILAYA, DODDAKAMMANAHALLI, NEAR ARALIKATTE CIRCLE, BANNERAGHATTA MAIN ROAD, GOTTIGERE POST, BANGALORE - 83.
OFFICE AT NO. 2551, ADITHYA RESIDENCY, 13TH CROSS, KUMARASWAMY LAYOUT, BANGALORE - 560 078.
…RESPONDENTS
THIS MSA IS FILED UNDER ORDER 43, RULE-1(C) READ WITH SECTION 104 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO CALL FOR RECORDS IN MISCELLANEOUS APPEAL NO.56/2022 ON THE FILE OF LEARNED IV ADDL. CIVIL JUDGE (SR.DVN.), BENGALURU RURAL AND IN O.S.NO.97/2021 ON THE FILE OF LEARNED PRINCIPAL CIVIL JUDGE (JR.DVN), BENGALURU RURAL DISTRICT AT BENGALURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appeal is filed against order dated 01.06.2022, passed by IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in MA.no.56/2022, filed against order of temporary injunction granted in original suit.
NC: 2024:KHC:26573 MSA No. 81 of 2022
Against order passed in miscellaneous appeal, this appeal
is not maintainable.
Accordingly, appeal is dismissed as not maintainable.
Sd/JUDGE
HDK List No.: 1 Sl No.: 14 CT: BHK
1 issue framed by the court
Whether a second appeal is maintainable against an order dismissing a miscellaneous appeal under Order 43 Rule 1(C) CPC.
Narayanan Ananthan
Harish
Indus Developers
Munika_verappa
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
