Karnataka High Court
Sri V Mune Gowda vs Sri M K Muni Krishnappa on 4 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:43614
MFA No. 2310 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 2310 OF 2018 (CPC)
BETWEEN:
1. SRI V MUNE GOWDA
AGED 68 YEARS.
2. SMT ANUSUYAMMA
AGED 52 YEARS
3. SMT LAKSHMAMMA
AGED 47 YEARS
ALL ARE CHILDRENS OF
LATE D VENKATASWAMY GOWDA
ALL ARE RESIDENTS OF ADUR VILLAGE
BIDARAHALLI HOBLI
BANGALORE EAST TALUK-560 067.
...APPELLANTS
(BY SRI. JAGADEESWARA N R.,ADVOCATE)
Digitally signed
by
DHANALAKSHMI AND:
MURTHY
Location: High
Court of 1. SRI M K MUNI KRISHNAPPA
Karnataka S/O LATE M KRISHNAPPA
AGED 66 YEARS
# 99, K S F C LAYOUT
OIL MILL ROAD, LINGARAJAPURA
BANGALORE - 560084.
2. SRI V MUNIVENKATAPPA
AGED 70 YEARS
S/O LATE D VENKATASWAMY GOWDA
R/O ADUR VILLAGE
-2-
NC: 2023:KHC:43614
MFA No. 2310 of 2018
BIDARAHALLI HOBLI
BANGALORE EAST TALUK-560 067.
...RESPONDENTS
(BY SRI.AMARESH A ANGADI., ADVOCATE FOR R1:
SRI. C. SHANKARA REDDY, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DT.18/11/2017, PASSED ON IA.III, IN
RA.NO.157/2017, ON THE FILE OF THE I ADDL. DISTRICT &
SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU,
DISMISSING THE IA.III, FILED UNDER ORDER 39 RULES 1 AND
2 R/W. SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Order 43 Rule 1(r) of CPC is filed
by the appellants-defendant Nos.2 to 4 challenging the
order dated 18.11.2017 passed by I Addl. District and
Sessions Judge, Bengaluru Rural District, Bengaluru on
I.A.No.III filed under Order 39 Rules 1 and 2 read with
Section 151 of CPC in R.A.No.157/2017, whereby the First
Appellate Court has dismissed I.A.No.III.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court in
O.S.No.1421/2007.
NC: 2023:KHC:43614
3. The plaintiffs filed the suit i.e., O.S.No.1421/2007
before the learned II Additional Senior Civil Judge,
Bangalore Rural District, Bangalore for declaration and
mandatory injunction. The said suit was partly decreed
vide judgment and decree dated 4.9.2017 and relief of
mandatory of injunction has been rejected. Being
aggrieved by the same, the defendants filed
R.A.No.157/2017 before the Principal District and Sessions
Judge, Bangalore Rural District, Bangalore. Along with the
appeal, the defendants filed I.A.No.III under Order 39
Rules 1 and 2 of CPC seeking an order of temporary
injunction. After hearing the parties, First Appellate Court
by impugned order dated 18.11.2017 dismissed I.A.No.III
filed by the defendants. Being aggrieved by the same, the
defendants have filed this appeal.
4. Heard the learned counsel appearing for the parties.
Perused the impugned order.
5. Now the regular appeal is set down for arguments of
the parties before the First Appellate Court. Under the
NC: 2023:KHC:43614
circumstances and in the interest of justice, the only
direction that can be issued at this stage is to direct the
First Appellate Court to dispose of the regular appeal as
expeditiously as possible. Hence, the following order is
passed:
ORDER
a) The appeal is disposed of.
b) The First Appellate Court is directed to dispose
of R.A.No.157/2017 in accordance with law as
expeditiously as possible not later than three
months from the date of receipt of copy of this
order.
c) Parties are directed to co-operate for the early
disposal of the appeal.
All pending applications, if any, shall stand
disposed of.
Sd/-
JUDGE
DM
