Tungabhadra Housing Building vs Hosapete City Municipal Council ...
2022 Latest Caselaw 2483 Kant

                             :1:


           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 15th DAY OF FEBRUARY, 2022

                            BEFORE

          THE HON'BLE MR. JUSTICE R. NATARAJ

               MFA NO.102317/2019 (CPC)

BETWEEN
TUNGABHADRA HOUSING BUILDING
CO-OPERATIVE SOCIETY NIYAMITHA,
HOSPETE, NO.1431, GROUND FLOOR,
T.B. DAM ROAD,
NEAR SAI BABA CIRCLE, HOSAPETE,
BY ITS PRESIDENT
S. SANJEEVAPPA SHETTY
S/O LATE BASAPPA SHETTY,
AGE.73 YEARS, OCC. RETIRED,
R/O: NO.602, OLD MEDAR STREET,
HOSAPETE, TQ. HOSAPETE,
DT. BALLARY, P.C.NO.583203.
                                               ...APPELLANT
(BY SRI.P G MOGALI, ADV.)

AND
1.    HOSAPETE CITY MUNICIPAL COUNCIL,
      HOSPETE CITY,
      BY ITS COMMISSIONER,
      AT: TQ. HOSAPETE, DT. BALLARY.
      P.C.NO.583203.

2.    HOSPETE LIONS CHARITABLE ASSOCIATION,
      N.C. COLONY, OPPOSITE TO BALDOTA PARK,
      HOSAPETE, BY ITS PRESIDENT
      P.C.NO.583203.

3.    HOSPETE CHARITABLE ASSOCIATION,
      N.C. COLONY, HOSAPETE,
      WARD NO.29, RAJEEV NAGAR,
      BY ITS PRESIDENT
      P.C.NO.583203.
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4.    B ILIYAS S/O ALTE B. AHMEDSAB
      AGE.45 YEARS, OCC.BUSINESS,
      R/O ANANTHASHAGANAGUDI,
      HOSAPETE, AT AND TQ. HOSAPETE,
      DT.BALLARY, P.C.NO.583203.
                                                  ....RESPONDENTS

      THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CODE OF CIVIL PROCEDURE, AGAINST THE ORDER DATED
16.04.2019, PASSED IN O.S.NO.7/2019 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST
CLASS, HOSPET, DISMISSING THE IA NO.II FILED UNDER ORDER 39
RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:

                           JUDGMENT

Learned counsel for the appellant after arguing the appeal

for some time submitted that the suit is now listed for recording

the evidence of the defendants and therefore the observations of

the Trial Court in the order impugned may be subject to the final

outcome of the suit.

2. In that view of the matter, the appeal is disposed of

and the observations recorded by the Trial Court in its order

dated 16.04.2019 shall always be subject to the result of the suit

on merits.

Sd/-

JUDGE KGK