Mr Kaleemulla Khan vs Mr Shafiquddin Shariff
2023 Latest Caselaw 8751 Kant

Karnataka High Court

Mr Kaleemulla Khan vs Mr Shafiquddin Shariff on 28 November, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                            NC: 2023:KHC:42930
                                                          MFA No. 6943 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                             BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 6943 OF 2016 (CPC)
                   BETWEEN:

                   MR KALEEMULLA KHAN
                   S/O LATE SUBHAN KHAN
                   AGED ABOUT 72 YEARS
                   RESIDING AT NO 65, 1ST CROSS
                   KAUSARNAGAR, DINNUR MAIN ROAD
                   R T NAGAR POST, BANGALORE - 32
                                                                   ...APPELLANT
                   (BY SRI. AZEEMUDDIN M MOTHEKHAN.,ADVOCATE [ABSENT])

                   AND:

                   1.    MR SHAFIQUDDIN SHARIFF
                         S/O GHAYSUDDIN SHERIFF
                         AGED ABOUT 55 YEARS
                         NO 40 , OLD SITE NO 65
                         2ND CROSS, AKKAMMA BLOCK
Digitally signed
by                       DINNUR MAIN ROAD
DHANALAKSHMI             RT NAGAR POST, BANGALORE - 32.
MURTHY
Location: High
Court of           2.    THE COMMISSIONER
Karnataka                BRUHAT BENGALURU MAHANAGARA PALIKE
                         BANGALORE - 1.

                   3.    ASSISTANT EXECUTIVE ENGINEER
                         BRUHAT BENGALURU MAHANAGARA PALIKE
                         J C NAGAR SUB DIVISION
                         J C NAGAR MAIN ROAD
                         BANGALORE - 6.
                                                                ...RESPONDENTS
                   (BY SRI. ZAKIR HUSSAIN.,ADVOCATE FOR C/R1:
                   SRI. KEMPANNA, ADVOCATE FOR R2 & R3)
                                -2-
                                             NC: 2023:KHC:42930
                                           MFA No. 6943 of 2016




     THIS MFA IS FILED UNDER ORDER 43, RULE 1(r) OF CPC,
AGAINST THE ORDER DATED:23.9.2016 PASSED ON IA NO.2
AND 3 IN O.S.NO.4895/2016 ON THE FILE OF THE 62ND
ADDITIONAL CITY CIVIL JUDGE, (CCH-63), BENGALURU,
REJECTING IA NO.2 FILED U/O 39, RULE 1 & 2 OF CPC AND
ALLOWING IA NO.3 FILED U/O 39, RULE 4, R/W SEC 151 OF CPC.

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

This appeal is filed by the plaintiff challenging the

order dated 23.09.2016 whereby the trial court vacated

the ex-parte injunction order granted in favour of the

plaintiff.

2. This Court, by order dated 07.10.2016 directed

the parties to maintain status-quo. On that day, none

appeared for the caveator/first respondent. On

07.01.2020, the matter was posted for orders on

application filed by the respondent/defendant for vacating

the interim order. On that day, none appeared for the

appellant. Since the interim order granted by this Court

on 07.10.2016 was not extended and there is no interim

order in force, on 07.01.2020, this Court disposed of IA

No.2/2016 filed by the respondents for vacating the

NC: 2023:KHC:42930

interim order. Thereafter there is no interim order

operating in this appeal till today. Now the suit is set down

for evidence of the parties.

3. When the matter is called in the morning session,

none appeared for the parties. Even in the afternoon

session also, there is no representation on behalf of the

parties. It appears, that the appellant is not interested in

prosecuting the appeal.

4. Hence, the appeal is dismissed for non-

prosecution.

Sd/-

JUDGE

CM