Karnataka High Court
Waheed Pasha vs Ramachandra Reddy on 26 September, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:34998
MFA No. 5160 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5160 OF 2023 (CPC)
BETWEEN:
WAHEED PASHA
S/O SADIQ PASHA
AGED ABOUT 39 YEARS
R/AT 3RD BLOCK OLD TOWN
BETHAMANGALA
BETHAMANGALA HOBLI
KGF TOWN, KOLAR DISTRICT-563116.
...APPELLANT
(BY SRI. ABHISHEK N V.,ADVOCATE)
AND:
1. RAMACHANDRA REDDY
S/O PAPIREDDY
Digitally signed AGED ABOUT 69 YEARS
by R/O SUNDARPALYA VILLAGE
DHANALAKSHMI KYASAMBALLA HOBLI
MURTHY
KGF TALUK, KOLAR DISTRICT-563121.
Location: High
Court of
Karnataka 2. SALIMA BI
WIFE OF LATE ABDUL KALIKSAB
AGED ABOUT 90 YEARS
3. SADIQ PASHA
SON OF LATE ABDUL KALIKSAB
AGED ABOUT 60 YEARS
4. ISMAIL
SON OF LATE ABDUL KALIKSAB
AGED ABOUT 57 YEARS
-2-
NC: 2023:KHC:34998
MFA No. 5160 of 2023
5. NAGINA
DAUGHTER IN LAW OF
LATE ABDUL KALIKSAB
AGED ABOUT 43 YEARS
6. JAMSHIDA
D/O LATE ABDUL KALIKSAB
AGED ABOUT 50 YEARS
7. KADIRA BEGUM
D/O LATE ABDUL KALIKSAB
AGED ABOUT 47 YEARS
R2 TO R7 ARE R/AT 262, 1ST BLOCK
SUNDARPALYA VILLAGE AND POST
KYASAMBALLA HOBLI
KGF TALUK, KOLAR DISTRICT-563121.
...RESPONDENTS
(BY SRI. M B CHANDRACHOODA.,ADVOCATE FOR R1:
NOTICE TO R2 TO R7 ARE DISPENSED WITH
V/O DATED: 29.08.2023)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 22.06.2023 PASSED ON I.A. NO. III
IN O.S.NO. 67/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND PRINCIPAL J.M.F.C., K.G.F., ALLOWING I.A. NO.III FILED
UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151
OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Order 43 Rule 1(r) of CPC is filed
by defendant No.7 in O.S.No.67/2022 before the Senior
Civil Judge & Prl. JMFC, K.G.F. challenging the order dated
22.6.2023 passed on I.A.No.III filed under Order 39 Rules
NC: 2023:KHC:34998
MFA No. 5160 of 2023
1 and 2 read with Section 151 of CPC, whereby the Trial
Court has allowed I.A.No.III filed by the plaintiff.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court.
3. The plaintiff filed the suit before the Trial Court for
relief of specific performance of Registered Agreement of
Sale dated 6.7.2018. Along with the suit, the plaintiff filed
I.A.No.III under Order 39 Rules 1 and 2 of CPC seeking for
an order of temporary injunction to restrain the defendant
No.7, him family members, agents, servants and others
acting on his behalf from alienating/encumbering the suit
property till disposal of the suit. On service of suit
summons, defendants appeared through counsel and filed
written statement. After hearing the parties, the Trial
Court by impugned order dated 22.6.2023 allowed
I.A.No.III filed by the plaintiff restraining the defendants
from alienating and encumbering the suit property in any
manner till final disposal of suit. Being aggrieved by the
same, the defendant No.7 has filed this appeal.
NC: 2023:KHC:34998
MFA No. 5160 of 2023
4. Heard the learned counsel appearing for the parties.
Perused the impugned order.
5. The suit is now set down for adducing evidence.
Under the circumstances and in the interest of justice,
the only direction that can be issued at this stage is to
direct the Trial Court to dispose of the suit as
expeditiously as possible. Hence, the following order is
passed:
ORDER
a) The appeal is rejected.
b) The Trial Court is directed to dispose of the suit
in accordance with law as expeditiously as
possible, not later than eight months from the
date of receipt of copy of this order.
c) Parties are directed to co-operate for the early
disposal of the suit.
Sd/-
JUDGE
DM
