Karnataka High Court
Smt. M. Prabhavathi vs M/S Sunrise Group on 27 June, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:22177
MFA No. 2668 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.2668 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/A NO.25, BENDIGANAHALLI,
MANDUR POST,
-2-
NC: 2023:KHC:22177
MFA No. 2668 of 2023
BANGALORE EAST TALUK,
BENGALURU 560049.
3. CHINNI SREENIVASAS RAO,
S/O ANJANEYULU,
AGED ABOUT 45 YEARS.
4. SMT. ALAPATI VIJAYA LAKSHMI,
W/O CHINNI SREENIVASA RAO,
AGED ABOUT 39 YEARS.
R3 AND R4 ARE R/AT NO.10-14-15
KANUMALAVARI STREET,
KAVALI, VELLORE,
ANDRA PRADESH 524201.
...RESPONDENTS
(R3 AND R4 ARE SERVED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 09.03.2023 PASSED ON I.A.NO.1
IN OS.NO.471/2023 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
NOS.3 AND 4 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:
JUDGMENT
The learned counsel for the appellant submits that in
similar matter in M.F.A.No.2645/2023, the learned counsel for
respondent No.5 therein submitted that the next date of
hearing before the Trial Court is on 07.07.2023 and the
defendants are going to appear before the Trial Court since
NC: 2023:KHC:22177
MFA No. 2668 of 2023
suit summons has been ordered by the Trial Court and no
interim order is granted and when there is no order, the
appeal is not maintainable.
2. The learned counsel for the appellant submits that
if the defendants 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. The
respondent Nos.3 and 4 have been served and unrepresented
in this appeal. This Court in similar matter directed the Trial
Court to dispose of the I.A. 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
