Sri Jayaramaiah v. Smt Gowramma
Case brief
What is this about?
Karnataka High Court, Bengaluru; MFA No. 4981 of 2025 (CPC); decided 09.07.2025 by Justice Ramachandra D. Huddar (oral judgment). Partition suit O.S.No.650/2024; KIADB acquired 5 guntas of land; ex parte temporary injunction on I.A.No.III barred defendant No.3 (SLAO, KIADB) from releasing compensation for suit items 1 and 3 to defendants 1 and 2; appeal under Order XLIII Rule 1(r) CPC held premature absent recourse to Order XXXIX Rule 4 CPC; dismissed with liberty to file objections and seek setting aside/modification; trial court directed to hear both sides on I.A.No.III; no costs. No precedents cited; no dissent.
What did the court decide?
Liberty to the appellants to file objections to I.A.No.III and to file an appropriate application for setting aside or modification of the impugned ex parte order; trial Court directed to receive the objections and pass orders on I.A.No.III in accordance with law after hearing both the parties; no order as to cost.