Sri. G.N. Rajashekar vs Sri. G.R. Girish
2022 Latest Caselaw 10145 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 01ST DAY OF JULY, 2022

                        BEFORE

       THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

     MISCELLANEOUS FIRST APPEAL NO.2841/2016 (CPC)


BETWEEN:

1.   SRI. G.N. RAJASHEKAR
     AGED ABOUT 77 YEARS
     SON OF LATE G M NANJAPPA,

2.   SMT. S SHASHI RJASHEKHAR
     AGED ABOUT 72 YEARS
     WIFE OF G N RAJASHEKAR,

3.   SRI G R DINESH
     AGED ABOUT 47 YEARS,
     S/O G N RAJASHEKAR,

4.   MASTER DIGANTH
     AGED ABOUT 7 YEARS
     SON OF G R DINESH
     MINOR, REPRESENTED BY
     HIS FATHER AND NATURAL GUARDIAN
     SRI G R DINESH.


5.   SMT. SHRUTHI DINESH
     AGED ABOUT 40 YEARS
     WIFE OF G R DINESH
     ALL RESIDING AT NO.5/15
     3RD CROSS
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       VINAYAKANAGAR
       BANGALORE - 560 050.
                                  ... APPELLANTS
(BY SRI. B. R. VISWANATH, ADVOCATE)

AND:

SRI. G.R. GIRISH
AGED ABOUT 47 YEARS
SON OF G N RAJASHEKAR
RESIDING AT NO.4
1ST FLOOR, 2ND MAIN ROAD
CHAMRAJPET, BANGALORE - 560 018.

                                     ... RESPONDENT

(BY SRI.PRADEEP, ADVOCATE FOR
    SRI. SHANMUKHAPPA, ADVOCATE)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 10.02.2016 PASSED ON I.A.NO.1 IN
O.S.NO.8269/2015 ON THE FILE OF THE XXVII
ADDITIONAL CITY CIVIL JUDGE, BANGALORE, (CCH-9)
ALLOWING I.A.NO.1 FILED U/O 39 RULE 1 & 2 OF CPC.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                        JUDGMENT

The defendants in O.S.No.8269/2015 on the file of

the XXVII Additional City Civil Judge, Bengalore (for

short, 'the civil Court') have impugned the order dated

10.02.2016. The civil Court by this order has allowed

the respondent's application under order XXXIX Rules 1

and 2 of the Code of Civil Procedure 1908 restraining

the appellant from alienating or creating charge over the

respondent's asserted one third share in the schedule

'B' property.

Sri B.R. Viswanath, the learned counsel for the

appellant, submits that the parties are in the midst of

negotiations for an amicable settlement and trial is also

commenced. Therefore, the appeal could be disposed of

observing that if there has to be adjudication on merits

failing settlement talks, the same should be

independent of any observation in the impugned order.

This submissions must be accepted and therefore,

the appeal is disposed of accordingly.

In view of the disposal of the appeal, IA No.1/2016

does not survive for consideration and the same is

disposed of accordingly.

SD/-

JUDGE SA Ct:sr