T.N. Prakash vs Range Forest Officer
2023 Latest Caselaw 8929 Kant

Karnataka High Court

T.N. Prakash vs Range Forest Officer on 29 November, 2023

                                       -1-
                                                   NC: 2023:KHC:43382
                                                 MSA No. 130 of 2023




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                DATED THIS THE 29TH DAY OF NOVEMBER, 2023

                                     BEFORE
                      THE HON'BLE MR JUSTICE R. NATARAJ
              MISCELLANEOUS SECOND APPEAL NO. 130 OF 2023
            BETWEEN:

            T.N. PRAKASH,
            S/O LATE NAKULAIAH,
            AGED ABOUT 43 YEARS,
            R/AT TYAGATOORU,
            NITTUR-HOBLI,
            GUBI TALUK,
            TUMAKURU DISTRICT
                                                         ...APPELLANT
            (BY SMT. JYOTHI S.K., ADVOCATE FOR
                SRI. G.S. PRASANNA KUMAR, ADVOCATE)

            AND:

Digitally   RANGE FOREST OFFICER,
signed by   GUBBI, TUMAKURU,
SUMA
Location:   DISTRICT.
HIGH                                                   ...RESPONDENT
COURT OF
KARNATAKA
                   THIS MSA IS FILED UNDER SEC.100 R/W ORDER XLII OF

            CPC, AGAINST THE JUDGMENT AND ORDER DATED 14.08.2023

            PASSED IN MISCELLANEOUS APPEAL NO.06/2023 ON THE FILE

            OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, GUBBI,

            DISMISSING THE APPEAL AND CONFIRMING THE ORDER
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                                                NC: 2023:KHC:43382
                                               MSA No. 130 of 2023




DATED 24.03.2023 PASSED ON IA NO.2 IN OS NO.654/2022

ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, GUBBI,

DISMISSING THE IA NO.1 FILED UNDER ORDER XXXIX RULE 1

AND 2 OF CPC.


     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

                               JUDGMENT

The appellant has challenged the order dated

24.03.2023 filed by the learned Addl. Civil Judge and

J.M.F.C, Gubbi, in O.S.No.164/2022 by which the

application filed for interim injunction under order 39 rule

1 and 2 of C.P.C was rejected. The appellant has also

challenged the order dated 14.08.2023 passed by the

learned Addl. Senior Civil Judge and J.M.F.C, Gubbi,

Tumakuru District in M.A. No.6/2023 by which the appeal

was dismissed and order passed by the Trial Court was

confirmed.

2. The registry has raised the question of

maintainability of the appeal on the ground that an appeal

NC: 2023:KHC:43382

under order XLIII Rule 1(U) of C.P.C is not maintainable

since the impugned order passed by the Trial Court was

not set aside. Likewise, the registry has observed that an

appeal under order XLIII Rule 1(U) of C.P.C. is not

maintainable against an interlocutory order.

3. The office objections regarding maintainability is

upheld as an appeal under order XLIII Rule 1(U) of C.P.C

is not maintainable against the order passed by the Trial

Court. Hence, the appeal is dismissed as not

maintainable. It is however open for the appellant to file

such other proceedings to challenge the orders impugned

in this appeal before the appropriate Court, in accordance

with law.

Sd/-

JUDGE

PHM