Dismissed¶46

Sri. Chandanmal Premachand v. S K Rayali Bai

Karnataka HC29 Jul 2025MFA/6750/2018

Case brief

AI extract

What is this about?

MFA No. 6750 of 2018 (CPC), High Court of Karnataka (NC: 2025:KHC:29034), decided 29.07.2025 by Justice Hanchate Sanjeevkumar; appeal against interim-injunction order dated 18.07.2018 allowing IA No.1 under O.39 R.1&2 CPC in O.S.No.4035/2017; suit dismissed 16.12.2024 on plaintiff's (R1's) own memo; appellants' memo dated 29.07.2025 accepted; appeal dismissed as infructuous; parties: Chandanmal Premachand (dead, LRs) and others v. S K Rayali Bai and others; no precedent discussed; no monetary award.

What did the court decide?

The memo dated 29.07.2025 filed by learned counsel for the appellants, stating that the appeal had become infructuous because O.S.No.4035/2017 was dismissed on 16.12.2024, was taken on record. ¶45

Sri. Chandanmal Premachand Vs S K Rayali Bai — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:29034 MFA No. 6750 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 29^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO. 6750 OF 2018 (CPC)

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BETWEEN:

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SRI. CHANDANMAL PREMACHAND S/O PREMCHAND AGED ABOUT 86 YEARS, (SINCE DEAD LRS ARE ALREADY ON RECORD)

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SOHANLAL CHANDANMAL S/O CHANDANMAL PREMACHAND AGED 60 YEARS,

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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PRAKASH CHAND CHANDANMAL S/O CHANDANMAL PREMACHAND AGED 56 YEARS,

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MANJUBAI SOHANIAL W/O SOHANIAL CHANDANMAL AGED 57 YEARS,

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SANTOSH DEVI W/O PRAKASH CHAND CHANDANMAL AGED 55 YEARS,

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NC: 2025:KHC:29034 MFA No. 6750 of 2018

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HC-KAR

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ALL ARE R/AT NO.112, GOVINDAPPA ROAD, GANDHI BAZAAR, BASAVANAGUDI BENGALURU-560 004.

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…APPELLANTS

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(BY SRI. B.RAMESH., ADVOCATE)

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AND:

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S K RAYALI BAI

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D/O CHANDANMAL PREMCHAND, AGED 66 YEARS, R/AT NO.11, 5^TH MAIN, OPP MOTIMAHAL, GANDHINAGAR, BENGALURU-560 009.

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SAJJAN BAI D/O CHANDANMAL PREMCHAND, AGED 64 YEARS, R/AT NO.77 DIAGONAL ROAD, VV PURAM, BENGALURU-560 004.

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KANCHAN BAI

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D/O CHANDANMAL PREMCHAND, AGED 62 YEARS, R/AT NO.76/2, 3^RD FLOOR, RANGA RAO ROAD, NEXT TO KESHAVA KRUPA, SHANKARAPURAM, BENGALURU-560 004.

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MAINA BAI D/O CHANDANMAL PREMCHAND, AGED 58 YEARS, VDB CELADON APARTMENT, FLAT NO.305, 34D, FLOOR,

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3 - NC: 2025:KHC:29034 MFA No. 6750 of 2018

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HC-KAR

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SHIVANAHALLI, JAKKUR MAIN ROAD, YELAHANKA, BENGALURU-560 064.

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DAPU BAI D/O CHANDANMAL PREMCHAND, AGED 54 YEARS, R/AT NO.112/1, GOVINDAPPA ROAD, GANDHI BAZAR, BENGALURU-560 004.

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…RESPONDENTS

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(BY SRI. S.SHAKER SHETTY FOR ADVOCATE FOR C/R1)

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(R2 TO R5 ARE SERVED)

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THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.18.07.2018 PASSED ON IA NO.1 IN O.S.NO.4035/2017 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH NO.67), ALLOWING THE IA NO.1 FILED U/O.39 RULE 1&2 OF CPC.

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

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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NC: 2025:KHC:29034 MFA No. 6750 of 2018

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HC-KAR

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ORAL JUDGMENT

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Learned counsel for the appellants filed a memo dated 29.07.2025 which reads as under:

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"The appellants above named respectfully submit that, the appeal filed by the appellants has become infructuous as the suit bearing O.S.No.4035/2017 on the file of LXVI Additional City Civil and Sessions Judge, Bengaluru filed by the 1^st respondent has sought to the dismissed by the 1^st respondent by filing a memo and in view of the same the said suit is dismissed under its order dated 16.12.2024. Hence, this memo may be accepted and the appeal may be dismissed as same has become infructuous in the interest of justice and equity."

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The memo is taken on record.

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Therefore, the appeal is dismissed as having become infructuous.

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Sd/(HANCHATE SANJEEVKUMAR) JUDGE

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RCK, List No.: 1 Sl No.: 5

Sri. Chandanmal Premachand v. S K Rayali Bai

Case brief

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What did the court decide?

Sri. Chandanmal Premachand v. S K Rayali Bai

Case brief

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