Smt. Jayalakshmamma vs Smt. Sharadamma
2023 Latest Caselaw 11086 Kant

Karnataka High Court

Smt. Jayalakshmamma vs Smt. Sharadamma on 19 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                         NC: 2023:KHC:46320
                                                       MFA No. 6618 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 19TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6618 OF 2023 (CPC)
                   BETWEEN:

                   SMT. JAYALAKSHMAMMA
                   D/O LATE MUNISHAMAPPA
                   AGED ABOUT 68 YEARS
                   R/AT SAMPIGEHALLI VILLAGE
                   YELAHANKA HOBLI
                   BANGALORE NORTH TALUK
                   BENGALURU 560 064                   ...APPELLANT

                   (BY SRI. PRASHANTH P N.,ADVOCATE)

                   AND:

                   1.    SMT. SHARADAMMA
                         D/O LATE MUNISHAMAPPA
                         AGED ABOUT 68 YEARS
                         R/AT HOODI VILLAGE
Digitally signed
by                       K R PURAM HOBLI
DHANALAKSHMI             MAHADEVAPURA POST
MURTHY                   BANGALROE EAST TALUK
Location: High           BENGALURU 560 048.
Court of
Karnataka
                   2.    SRI. RAJANNA
                         S/O LATE MUNISHAMAPPA
                         AGED ABOUT 70 YEARS
                         R/AT SAMPIGEHALLI VILLAGE
                         YELAHANKA HOBLI
                         BANGALORE NORTH TALUK
                         BENGALURU 560 064.

                   3.    SRI. B L NAGENDRA PRASAD
                         S/O LATE C V SHASTRI
                         AGED ABOUT 55 YEARS
                              -2-
                                         NC: 2023:KHC:46320
                                      MFA No. 6618 of 2023




     R/AT NO. 29/A, 9th CROSS
     RMV EXTENSION, BENGALURU 560 094.

4.   SRI. SUNIL KUMAR
     S/O MUNIRAJU
     AGED ABOUT 50 YEARS
     R/AT NO. 2, J B NAGAR
     BANASWADI MAIN ROAD
     BENGALURU 560 033.

5.   MRS. PATEL VENTURES
     HAVING OFFICE AT NO. 61
     J M ROAD, BENGALURU 560 002
     REPRESENTED BY ITS PARNTERS
     SRI. VIKARAM JAIN
     S.O BHEEMARAJ
     AGED MAJOR.

6.   M/S BOTHRA LEASING SERVICES
     HAVING AN OFFICE AT NO. 2
     SHAUGHNESSY ROAD
     LONG FORD, GARDEN, SHANTHINAGAR
     BENGALURU 560 025
     REPRESENTED BY ITS PARTNERS SIGNATORY
     SRI. MANISH KUMAR BOTHRA
     S/O RAJENDRA KUMAR BOTHRA
     AGED MAJOR                      ...RESPONDENTS

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED    24.07.2023 PASSED
IN FDP.NO. 25023/2023 ON THE FILE OF THE XXVI ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU
(CCH-20).

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

This appeal is filed by defendant under Order 43 Rule

1(r) of CPC, challenging the non-consideration of the

NC: 2023:KHC:46320

application filed under Order 39 Rules 1 and 2 of CPC in FDP

proceedings in FDP No.25023/2023.

2. Learned counsel for the appellant submits that he

has sought relief only against respondent Nos. 5 and 6 in the

FDP proceedings. He sought ad-interim temporary injunction

only against respondent Nos. 5 and 6. Respondent Nos. 5

and 6 have been served. Inspite of that, the court has not

considered the application filed under Order 39 Rules 1 and

2.

3. In view of the above, I pass the following order:

(i) The appeal stands disposed of.

(ii) The trial court is directed to dispose of the

application filed by the appellant/defendant under Order 39

Rules 1 and 2 of CPC, on the next date of hearing.

(iii) All pending applications stand disposed of.

Sd/-

JUDGE

CM