Sri Prakash Y v. Sri M v Mallanna

Karnataka HC9 Oct 2025MFA/6738/2018

Case brief

AI extract

What is this about?

NC: 2025:KHC:39924; MFA No. 6738 of 2018 (CPC), High Court of Karnataka at Bengaluru, decided 09.10.2025 by Justice Hanchate Sanjeevkumar. Appellants Prakash Y, Shashikala H, Sudarshanachar P H and Sagar H R v. Respondents M V Mallanna (served, unrepresented) and Kamalamma. Appeal under Order XLIII Rule 1(r) CPC against order dt.24.04.2018 allowing IA No.1 (interim injunction, Order XXXIX Rules 1 & 2 CPC r/w Section 151 CPC) in O.S.No.1446/2016. Counsel's memo recorded that the main suit was disposed of on 28.10.2025; appeal dismissed as infructuous. No precedent discussed, no quantum involved.

What did the court decide?

As the main suit O.S.No.1446/2016 has been disposed of on 28.10.2025 and nothing survives for consideration, the appeal is dismissed as having become infructuous. ¶32-33

Sri Prakash Y Vs Sri M v Mallanna — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:39924 MFA No. 6738 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6738 OF 2018 (CPC)

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BETWEEN:

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SRI PRAKASH Y S/O YERAPPA, AGED ABOUT 34 YEARS, RESIDING AT HOUSE NO.6 3RD CROSS, PIPELINE ROAD, ANJANAGARA, MAGADI MAIN ROAD, BANGALORE- 91.

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SMT. SHASHIKALA H W/O PRAKASH.Y, AGED ABOUT 29 YEARS, RESIDING AT HOUSE NO.6 3RD CROSS, PIPELINE ROAD, ANJANAGARA, MAGADI MAIN ROAD, BANGALORE- 91.

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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SRI. SUDARSHANACHAR P H S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 32 YEARS, RESIDING AT NO.518, NEAR ANJANEYA TEMPLE, MALLASANDRA, T.DASARAHALLI, BANGALORE NORTH.

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SRI. SAGAR H R S/O LATE HANUMANTHARAYAPPA, AGED ABOUT 32 YEARS, RESIDING AT NO.128/6, 3RD CROSS, 1ST MAIN ROAD, SILVER OAK LAYOUT, J.P.NAGAR, 7TH PHASE, BANGALORE-78

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NC: 2025:KHC:39924 MFA No. 6738 of 2018

HC-KAR

…APPELLANTS

(BY SMT. K.TEJASWINI, ADVOCATE FOR SRI. SIDDAPPA B M., ADVOCATE)

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AND:

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SRI M V MALLANNA S/O LATE MALLAIAH, R/AT NO.102, 2ND CROSS, BDA LAYOUT, ULLALU MAIN ROAD, NEAR MATHA AMRUTHANANDA MAYI ASHRAM, JNANABHARATHI POST, BANGALORE-56

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SMT. KAMALAMMA W/O LATE NEELAKANTACHARI @ SHIVANNA, RESIDING AT NO.38, MUDDAPURA KARENAHALLI, BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA- 562 109

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…RESPONDENTS

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(R1 IS SERVED)

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THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.24.04.2018 PASSED ON IA NO.1 IN O.S.NO.1446/2016 ON THE FILE OF THE 4TH ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.1 FILED U/O.39 RULE 1&2 OF CPC R/W SEC.151 OF CPC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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3 - NC: 2025:KHC:39924 MFA No. 6738 of 2018

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellants has filed a memo stating that the main O.S.No.1446/2016 has been disposed of on 28.10.2025 and nothing survives for consideration in this appeal.

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