Smt .M. Prabhavathi vs M/S Sunrise Group
2023 Latest Caselaw 3748 Kant

                                               -1-
                                                      NC: 2023:KHC:22174
                                                        MFA No. 2669 of 2023




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 27TH DAY OF JUNE, 2023

                                             BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                        MISCELLANEOUS FIRST APPEAL NO.2669 OF 2023 (CPC)

                   BETWEEN:

                   SMT. M.PRABHAVATHI,
                   W/O C.R. LAKSHMINARAYAN,
                   AGED ABOUT 55 YEARS,
                   R/AT NO.277, 6TH CROSS,
                   1ST MAIN ROAD, DOMLUR LAYOUT,
                   BENGALURU 560071.

                   REP. BY HER GPA HOLDER
                   MR. R.L. MAYUR SUPRATHIK
                   S/O C.R. LAKSHMINARAYAN,
                   AGED 22 YEARS
                   R/AT NO.277, 6TH CROSS,
                   1ST MAIN ROAD, DOMLUR LAYOUT,
                   BENGALURU 560071.
                                                                   ...APPELLANT
Digitally signed
by SHARANYA T
Location: HIGH                 (BY SRI RAHUL S. REDDY, ADVOCATE)
COURT OF
KARNATAKA
                   AND:

                   1.   M/S SUNRISE GROUP,
                        A REGISTERED PARTNERSHIP FIRM,
                        HAVING ITS OFFICE AT NO.780,
                        9TH A MAIN, INDIRANAGAR, 1ST STAGE,
                        BENGALURU 560038.
                        REP. BY ITS PARTNERS.

                   2.   SRI B. RAJANNA,
                        S/O VARADAPPA,
                        AGED ABOUT 41 YEARS,
                        R/AT NO.25, BENDIGANAHALLI,
                        MANDUR POST,
                               -2-
                                    NC: 2023:KHC:22174
                                      MFA No. 2669 of 2023




     BANGALORE EAST TALUK,
     BENGALURU 560049.

3.   SMT. M.S. DHANALAKSHMI,
     W/O R. SHANKAR,
     AGED ABOUT 47 YEARS.

4.   SRI JYOTHIR TEJOMAY S,
     S/O R. SHANKAR
     AGED ABOUT 27 YEARS.

     R3 AND R4 ARE RESIDING AT NO.424,
     4TH G MAIN ROAD, HRBR LAYOUT,
     2ND BLOCK, KALYANAGAR,
     BENGALURU-560043.

5.   SRI VINOD KUMAR KALIKIRI,
     S/O LATE K. RAJA REDDY,
     AGED ABOUT 37 YEARS,
     R/A VITTLAM VILLAGE AND POST,
     VAYALPAD MANDAL,
     CHITTOR DISTRICT,
     ANDHRA PRADESH-517299.
                                            ...RESPONDENTS

       (BY SRI SHARATH S. GOWDA, ADVOCATE FOR R5;
                       R3 SERVED)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) READ
WITH SECTION 151 OF CPC, AGAINST THE ORDER DATED
09.03.2023 PASSED ON I.A.NO.1 IN OS.NO.472/2023 ON THE
FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE,
BENGALURU RURAL DISTRICT, BENGALURU, PRAYING TO
GRANT AD-INTERIM EX-PARTE TEMPORARY INJUNCTION
RESTRAINING THE RESPONDENT NO.5 FROM ALIENATING OR
CREATING ANY THIRD PARTY RIGHTS OVER THE SUIT
SCHEDULE PROPERTY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                               -3-
                                      NC: 2023:KHC:22174
                                         MFA No. 2669 of 2023




                         JUDGMENT

The learned counsel for respondent No.5 submits that

the next date of hearing before the Trial Court is on

07.07.2023 and they are going to appear before the Trial

Court since suit summons has been ordered by the Trial Court

and no interim order is granted. The learned counsel submits

that when there is no order, the appeal is not maintainable.

2. The learned counsel for the appellant submits that

if they are appearing on 07.07.2023, a direction can be given

to the Trial Court to dispose of the I.A. within one month.

3. This appeal is filed against the order of issuance of

summons and no interim order has been granted. Hence, it is

appropriate to direct the Trial Court to dispose of the I.A.

within one month from the date of next hearing i.e.,

07.07.2023, by giving an opportunity to both the parties.

4. Accordingly, the appeal is disposed of.

Sd/-

JUDGE MD