Sri Shivakumar M vs Sri K Shiva Kumar
2022 Latest Caselaw 3011 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF FEBRUARY 2022

                        BEFORE

        THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

             M.F.A.NO.421 OF 2022 (CPC)

BETWEEN:

SRI. SHIVAKUMAR M.,
S/O LATE H. MUNISWAMAPPA,
AGED ABOUT 40 YEARS,
R/O AMRUTHAHALLI VILLAGE,
YELAHANKA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE - 560 092.
                                          ...APPELLANT
(BY SRI. PRAKASH B.N., ADVOCATE)

AND:

1.     SRI. K. SHIVA KUMAR,
       AGED ABOUT 42 YEARS,
       S/O SRI. KRISHNAPPA,
       RESIDING AT NO.71, 3RD CROSS,
       KALLAPPA LAYOUT, AMRUTHAHALLI,
       BENGALURU - 560 092.
2.     SMT. LAKSHMAMMA,
       W/O SRI. KRISHNAPPA,
       AGED ABOUT 69 YEARS,
       RESIDING AT NO.71, 3RD CROSS,
       KALLAPPA LAYOUT, AMURTHAHALLI,
       BENGALURU - 560 092.
                                        ...RESPONDENTS
(BY SRI. V. VIJAYASHEKARA GOWDA, ADVOCATE FOR C/R-1)
                                    2



       THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION
151 OF CPC, AGAINST THE ORDER DATED 06.12.2021
PASSED ON I.A.NO.1 IN OS.NO.4075/2021 ON THE FILE OF
THE III ACC AND SJ(CCH-25) AND HOLDING C/C OF XXIV
ACC AND SJ (CCH-6), BENGALURU, REJECTING THE I.A.NO.1
FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF
CPC.


       THIS MFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                           JUDGMENT

The appellant aggrieved by the order dated

06.12.2021 passed on I.A.No.1 in O.S.No.4075/2021 by

the XXIV Additional City Civil and Sessions Judge

(CCH-6), Bengaluru, filed this appeal.

2. Brief facts leading rise to filing of this appeal

are as under:

The appellant filed a suit in O.S.No.4075/2021

seeking for the relief of permanent injunction against the

respondent. In the said suit, appellant has filed

application I.A.No.1 seeking for an order of temporary

injunction. The Trial Court rejected the application filed

by the appellant vide order dated 06.12.2021. Hence,

this appeal.

3. Heard the learned counsel for appellant and

also learned counsel for respondent No.1.

4. Learned counsel for the appellant submits

that if respondents files undertaking affidavit stating that

in case, if the appellant succeeds in the suit in

O.S.No.4075/2021, respondents will not claim any equity

in the said property. In pursuance of the submission

made by learned counsel for the appellant, respondent

No.1 filed an undertaking affidavit contending that "If

the appellant/plaintiff is succeeded suit in

O.S.No.4075/2021, on the file of City Civil Judge at

Bengaluru (CCH-6) on the suit schedule property I will

not claim any equity on the suit schedule property".

In view of the undertaking affidavit filed by the

respondent No.1, nothing survives for consideration in

this appeal. Accordingly, appeal is disposed of.

SD/-

JUDGE

GRD