Sri S Soundararajan vs Mr V Nagaraj
2023 Latest Caselaw 7975 Kant

Karnataka High Court

Sri S Soundararajan vs Mr V Nagaraj on 21 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                        NC: 2023:KHC:41788
                                                       MFA No. 321 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 321 OF 2017 (CPC)
                   BETWEEN:

                   1.    SRI S SOUNDARARAJAN
                         S/O. LATE SUBRAMANI
                         AGED ABOUT 52 YEARS.

                   2.    SMT. SUMITHA
                         W/O. SRI S SOUNDARARAJAN
                         AGED ABOUT 35 YEARS

                         BOTH ARE R/AT S-113
                         MAYA INDARAPRASTHA
                         SOUTH TOWER, 11TH FLOOR
                         6TH PHASE J P NAGAR
                         BANGALORE 560078.            ...APPELLANTS

                   (BY SRI. RAVISHANKAR S., ADVOCATE [ABSENT])
Digitally signed
by                 AND:
DHANALAKSHMI
MURTHY
Location: High     MR V NAGARAJ
Court of
Karnataka          S/O. LATE. K S VENKATARAM
                   AGED ABOUT 65 YEARS
                   R/AT NO. 796, 36TH-A-CROSS
                   4TH-T-BLOCK, JAYANAGAR
                   BANGALORE 560041                   ...RESPONDENT

                   (BY SRI. B G SRIRAM.,ADVOCATE)

                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
                   AGAINST THE ORDER DATED:07.11.2016 PASSED ON I.A.NO.2
                   IN O.S.NO.7682/2016 ON THE FILE OF THE PRINCIPAL CITY
                   CIVIL AND SESSIONS JUDGE, BENGALURU, WHEREIN
                             -2-
                                         NC: 2023:KHC:41788
                                       MFA No. 321 of 2017




DEFENDANT NO.3 & 4 ARE THEREBY RESTRAINED FROM
PUTTING UP FURTHER CONSTRUCTION IN THE DISPUTED
PROPERTY AND THEY SHALL NOT ALIENATE THE SUIT
SCHEDULE PROPERTY EITHER IN FAVOUR OF DEFENDANT NO.5
& 6 OR IN FAVOUR OF ANY OTHER PERSONS. FOR W.S. AND
OBJECTION OF DEFENDANT NO.3 & 4 THEREIN AND OTHER TO
ISSUE SUIT SUMMONS TO DEFENDANT NO.1 & 2 AND 5 & 6
THEREIN.

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

As per the trial court records, the suit itself has

been disposed of on 08.02.2021, hence the appeal does

not survive for consideration.

2. Accordingly, appeal is dismissed as having become

infructuous.

3. All pending applications stand disposed of.

Sd/-

JUDGE

CM