M.Rachaiah vs Premanand Kamath
2022 Latest Caselaw 10648 Kant

                            -1-



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 11TH DAY OF JULY, 2022

                          BEFORE

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

       MISCELLANEOUS FIRST APPEAL NO.4827/2022 (CPC)

BETWEEN:
1.     M.RACHAIAH
       S/O MADHEGOWDA,
       AGED ABOUT 53 YEARS,
       R/O NO 31, A N NILAYA,
       5TH CROSS SRINAGARA,
       NEAR SRINAGAR PARK,
       BENGALURU 560 050.
2.     M D RAMAKRISHNAIAH
       S/O LATE M DEVASETTYGOWDA,
       AGED ABOUT 71 YEARS,
       R/O MIG -2, 80 FEET ROAD,
       KENGERI SATELITE TOWN,
       BENGALURU - 560 060.
                                         ... APPELLANTS
(BY SRI. UMESH MOOLIMANI, ADVOCATE)

AND:
PREMANAND KAMATH
S/O LATE LEELADHARA KAMATH,
AGED ABOUT 54 YEARS,
R/O NO 1404, B BLOCK,
PURVA VENEZIA APARTMENTS,
MAJOR UNNIKRISHNAN ROAD,
NEAR MOTHER DAIRY
YELAHANKA NEW TOWN,
BENGALURU 560064.
                                         ... RESPONDENT
(BY SRI.NARASIMHA RAJU, ADVOCATE )
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     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE
ORDER DATED 21.04.2022 PASSED ON I.A. NO.1 IN
O.S.NO.   1820/2022        ON    THE    FILE    OF    THE        LXIX
ADDITIONAL        CITY   CIVIL    AND     SESSIONS        JUDGE,
BENGALURU (CCH 70), ALLOWING THE I.A. NO.1 FILED
UNDER ORDER 39 RULE 1 AND 2 OF CPC.

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

Sri. Narasimharaju, the learned counsel for the

respondent draws the attention of this Court to the

Judgment in MFA No.3597/2022 to bolster his

submission that the merits of the impugned order is

considered in such appeal and disposed of on

03.06.2022 because of certain consensus submissions.

Perused the Judgment dated 03.06.2022 in MFA

No.3597/2022. This Court has already considered the

merits of the impugned order at the instance of the very

same parties in an earlier appeal, and if this be so, the

present appeal cannot be entertained.

Therefore, the appeal stands disposed of.

SD/-

JUDGE

AN/-