Smt D Kanthamma Since Deceased on 5.3.2015 v. Sri M C Sunil Kumar
Case brief
What is this about?
Maintainability of first appeal; Order XLIII Rule 1(R) CPC; Section 151 CPC; Order XXII Rule 5 CPC; appealability of interlocutory orders; Karnataka High Court; VII Additional City Civil and Sessions Judge, Bengaluru; O.S.No.7047/2010; I.A.No.6; dismissal of MFA as not maintainable; liberty to file permissible proceedings; exclusion of time spent in litigation under the Limitation Act, 1963; interim restraint on alienation of suit schedule property dated 05.05.2022 and its automatic vacation after one week from 23.06.2026; return of certified copies by Registry.
What did the court decide?
Appeal dismissed as not maintainable; liberty reserved to the appellants to institute permissible proceedings before the appropriate forum; time spent before this Court to be excluded under the Limitation Act, 1963; certified copies to be returned to counsel for the appellant; interim restraint dated 05.05.2022 on alienation of the suit schedule property to continue only for one week from 23.06.2026, vacating automatically thereafter unless extended by the concerned Court.