Karnataka High Court
Smt. M. Prabhavathi vs M/S Sunrise Group on 27 June, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:22175
MFA No. 2645 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.2645 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,
BENGLURU-560 071.
REP. BY HER GPA HOLDER
MR. R.L MYUR SUPRATHIK,
S/O C.R LAKSHMINARYAN,
AGED ABOUT 22 YEARS,
R/AT NO.277, 6TH CROSS,
1ST MAIN ROAD, DOMLURU LAYOUT,
BENGALURU 560 071
...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 -560 038.
REP. BY ITS PARTNERS.
2. SRI B. RAJANNA,
S/O VARADAPPA,
AGED ABOUT 41 YEARS,
R/AT NO.25, BENDIGANAHALLI
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NC: 2023:KHC:22175
MFA No. 2645 of 2023
MANDUR POST,
BANGALORE EAST TALUK,
BENGALURU -560 049
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 -560 043.
5. SRI ALLE DIVAKAR REDDY,
S/O A.V. SHIVA REDDY,
AGED ABOUT 36 YEARS,
R/AT NO.10, 1ST FLOOR,
KAVERI NILAYA, 6TH CROSS,
3B CROSS, GURURAJA LAYOUT,
DODDANEKUNDI, MARATHALLI POST,
BENGALURU -560037
...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 IN O.S.NO.475/2023 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:
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NC: 2023:KHC:22175
MFA No. 2645 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
