Dismissed

Smt B K Suman v. Sri H Chandrashekar

Karnataka HC28 Oct 2024WP/6224/2024

Case brief

AI extract

What is this about?

Plaintiff challenged a trial court order granting the defendant's temporary injunction application under Order XXXIX Rules 1 and 2 CPC via writ petition. The court upheld the registry's objection, holding the order was appealable under Order XLIII Rule 1(r), and dismissed the petition as not maintainable.

What did the court decide?

Writ petition dismissed as not maintainable; certified copy to be returned and time spent deducted from limitation for appeal.

Smt B K Suman Vs Sri H Chandrashekar — Property and Title | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:43727 WP No. 6224 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2024

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 6224 OF 2024 (GM-CPC)

¶5

BETWEEN:

¶6

SMT. B.K. SUMAN W/O. SRI. T. RAMESH D/O. SRI KRISHNA SWAMY NAIDU AGED ABOUT 53 YEARS, R/AT. SRI RAM ADITYA APARTMENT, 1^ST MAIN, 3^RD CROSS, NAIDU LAYOUT, CHIKKALASANDRA BENGALURU-560061

¶7

…PETITIONER

¶8

(BY SRI. HARIPRASAD M.B., ADVOCATE)

¶9

AND:

¶10

Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

¶11

SRI. H. CHANDRASHEKAR S/O. K.C. HUCCHAPPA AGED ABOUT 56 YEARS, R/AT NO.3, MARUTHI EXTENSION, NAGASANDRA @ POST BENGALURU-560073

¶12

…RESPONDENT

¶13

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.01.2022, PASSED IN O.S.NO.186 OF 2021, ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C (ITINERATE) COURT, AT KORATAGERE, IN ALLOWING THE I.A.NO.I, FILED UNDER ORDER 39 RULE 1 AND 2 OF C.P.C. FILED BY THE RESPONDENT VIDE ANNEXURE-E AND ETC.

¶14

¶15

NC: 2024:KHC:43727 WP No. 6224 of 2024

¶16

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶17

CORAM: HON'BLE MR JUSTICE R. NATARAJ

¶18

ORAL ORDER

¶19

The plaintiff in O.S.No.186/2021 on the file of Additional Senior Civil Judge and JMFC, Madhugiri (henceforth referred to as 'Trial Court') has challenged an order dated 11.01.2022 passed therein on I.A.No.1 filed by the defendant under Order XXXIX Rules 1 and 2 of Civil Procedure Code, by which the said application was allowed.

¶20

Office has raised an objection that writ petition is not maintainable in view of Order XLIII Rule 1(r) of Civil Procedure Code.

¶21

In view of the fact that the order passed by the Trial Court under Order XXXIX Rules 1 and 2 of Civil Procedure Code is appelable under Order XLIII Rule 1(r) of Civil Procedure Code, the office objection regarding maintainability of the writ petition is upheld and the writ petition is dismissed as not maintainable.

¶22

NC: 2024:KHC:43727 WP No. 6224 of 2024

¶23

¶24

Registry is directed to return the certified copy of

¶25

the impugned order to the learned counsel for the petitioner after retaining a photocopy of the same.

¶26

The time consumed in pursuing this petition shall be

¶27

deducted while calculating the limitation applicable to the

¶28

appeal.

¶29

Sd/-

¶30

(R. NATARAJ) JUDGE

¶31

¶32

List No.: 1 Sl No.: 19

Smt B K Suman v. Sri H Chandrashekar

Case brief

What is this about?

What did the court decide?

Smt B K Suman v. Sri H Chandrashekar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sysinformation Healthcare India Private Limited Vs Mr Suresh Kulandaivel

Sri. Arvind Patil Vs M/S Jaju'S Flooring Concepts

Mr Mohammed Hassan Vs Mrs Sophie Sivashankar

Sri.a.G. Renu Prasanna Vs Sri. Rahul Jain

G. Murali Vs Smt. Shanthamma

Smt Dr K.S.Jayashree Vs Shri Shreyas N