Karnataka High Court
Smt Gowri Prakash vs M/S Gowri Enterprises on 18 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:29318
MFA No. 7474 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 7474 OF 2022 (CPC)
BETWEEN:
1. SMT GOWRI PRAKASH
W/O LATE SHIVA PRAKASH S B
AGED ABOUT 61 YEARS.
2. SRI NIKHIL PRAKASH B S
S/O LATE SHIVA PRAKASH S B
AGED ABOUT 45 YEARS
BOTH ARE RESIDING AT NO 201
SILVER PALACE 1ST MAIN ROAD
NEAR KODAVA SAMAJA
VASANTH NAGAR BENGALURU NORTH
BENGALURU 560001. ...APPELLANTS
(BY SRI. MANJUNATH M HEGDE, ADVOCATE FOR
SRI. T SESHAGIRI RAO., ADVOCATE)
Digitally signed
by
DHANALAKSHMI
MURTHY AND:
Location: High
Court of M/S GOWRI ENTERPRISES
Karnataka
LAKSHMI KRUPA, 9TH CROSS
VIDYANAGARA TUMKURU 572102
REPD. BY ITS MANAGING PARTNER
SRI C K SURESH,
S/O LATE KAVALAPPA
AGED ABOUT 55 YEARS. ...RESPONDENT
(BY SRI.V B SIDDARAMAIAH., ADVOCATE)
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NC: 2023:KHC:29318
MFA No. 7474 of 2022
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED
30.09.2022 PASSED ON I.A.NO.II IN OS.NO.503/2022 ON THE
FILE OF THE ADDL. SENIOR CIVIL JUDGE AND CJM,
TUMAKURU, ALLOWING THE I.A.NO.II FILED UNDER ORDER
39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Order XLIII Rule 1 (r) read with
Section 151 of the Code of Civil Procedure, 1908 is filed by
defendants in O.S.No.503/2022, challenging the order
dated 30.09.2022 passed by the Additional Senior Civil
Judge and CJM, Tumakuru on I.A.II filed by the plaintiff
under Order XXXIX Rule 1 and 2 of CPC whereby the trial
Court has allowed I.A.II.
2. For the sake of the convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiff has filed a suit for specific performance
of contract in O.S.No.503/2022. Along with the plaint, the
NC: 2023:KHC:29318
MFA No. 7474 of 2022
plaintiff has filed I.A.II under Order XXXIX Rule 1 and 2 of
CPC seeking for Temporary Injunction to restrain the
defendants from alienating or creating any charge over the
suit schedule property, till disposal of the suit. The trial
Court after hearing the parties, has allowed I.A.II filed
under Order XXXIX Rule 1 and 2 by order dated
30.09.2022. Being aggrieved by the same, defendants are
before this Court in this appeal.
4. The evidence of the plaintiff has already been
completed. The suit is now set down for evidence of the
defendants.
5. Under this circumstance, the only relief that can be
granted by this Court is to direct the trial Court to dispose
of the suit as expeditiously as possible.
6. Accordingly, the appeal is disposed of. The trial
Court is directed to dispose of the suit as expeditiously as
possible, but not later than six months from the date of
receipt of certified copy of this order.
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MFA No. 7474 of 2022
7. The parties are directed to co-operate for early
disposal of the suit.
Sd/-
JUDGE
HA
