H Shivakumar vs M/S Sri Srinivasa Charitable Trust
2024 Latest Caselaw 3139 Kant

Karnataka High Court

H Shivakumar vs M/S Sri Srinivasa Charitable Trust on 1 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                              -1-
                                                            NC: 2024:KHC:4467
                                                        MFA No. 431 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 431 OF 2024 (CPC)

                   BETWEEN:

                         H. SHIVAKUMAR
                         SINCE DEAD REPRESENTED
                         BY HIS LEGAL REPRSENTATIVES

                   1.    SMT.SUNANDA W/O LATE H.SHIVAKUMAR
                         AGED ABOUT 57 YEARS

                   2.    S.MANJUNATH S/O LATE H.SHIVAKUMAR
                         AGED ABOUT 37 YEARS

                   3.    S.PAVITHRA D/O LATE H.SHIVAKUMAR
                         AGED ABOUT 28 YEARS

                         APPELLANT NOS.1 TO 3 ARE
Digitally signed         ALL RESIDING AT NO 5347,
by SHARANYA T            BEHIND PWD QUARTERS,
Location: HIGH           SUBASHNAGAR,
COURT OF                 NELAMANGALA-562123.
KARNATAKA
                   4.    G.H.PRAKASH S/O HANUMAIAH
                         AGED ABOUT 56 YEARS
                         R/A SUBASHNAGAR
                         PWD QUARTERS BACKSIDE,
                         NELAMANGALA TOWN,
                         BENGALURU RURAL-562123
                                                                ...APPELLANTS

                              (BY SRI. S. MOHAN RAJ, ADVOCATE FOR
                                     SMT. SIRI R., ADVOCATE)
                               -2-
                                           NC: 2024:KHC:4467
                                         MFA No. 431 of 2024




AND:

1.   M/S. SRI SRINIVASA CHARITABLE TRUST
     HAVING ITS REGISTERED OFFICE
     AT NO.193/4, HARSHA HOSPITAL CAMPUS,
     BYRAVESHWARANAGAR,
     NEAR BASAVANNADEVARA MUTT,
     SONDEKOPPA CIRCLE,
     NH-4, NELAMANGALA,
     BENGALURU-562123.
     REPRESENTED BY ITS
     MANAGING TRUSTEE,
     SRI S. SHIVAKUMAR

2.   M/S. HARSHA HOSPITAL
     A REGISTERED PARTNERSHIP FIRM,
     HAVING ITS REGISTERED OFFICE
     AT NO.193/4, BYRAVESHWARNAGAR,
     SONDEKOPPA CIRCLE,
     NELAMANGALA TOWN,
     BENGALURU RURAL-562123.
                                             ...RESPONDENTS

          (BY SRI. T.KRISHNA, ADVOCATE FOR C/R1)

     THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 09.01.2024 PASSED ON
I.A.NO.1 IN OS.NO.185/2017 ON THE FILE OF THE         II
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA,
ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND
2 R/W SECTION 151 OF CPC.

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

                         JUDGMENT

The learned counsel for the appellant is absent.

The learned counsel for the respondent is present.

NC: 2024:KHC:4467

The learned counsel for the respondent brought to

the notice of this court the valuation made before the Trial

Court to the tune of Rs.6 Lakhs in para 23 of the plaint.

2. The learned counsel for the appellant in the

morning session submitted that the property value is more

and he submitted that this court is having jurisdiction, the

said contention cannot be accepted as the court has to

look into the averment made in the plaint, wherein they

have declared that valuation is Rs.6 Lakhs.

3. As the matter has to be determined by the Trial

Court, the appeal is not maintainable before this court.

4. Accordingly, the appeal is dismissed as

withdrawn. However, liberty is given to the appellant to

approach the appropriate court.

Sd/-

JUDGE

SS