Sri Rajeev Shetty vs Smt Rashmitha G
2024 Latest Caselaw 4834 Kant

Karnataka High Court

Sri Rajeev Shetty vs Smt Rashmitha G on 16 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                -1-
                                                          NC: 2024:KHC:6756
                                                      MFA No. 8237 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 16TH DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 8237 OF 2023 (CPC)

                   BETWEEN:

                   1.    SRI RAJEEV SHETTY
                         S/O LATE MALINGA SHETTY,
                         AGED ABOUT 80 YEARS,

                   2.    KASTURI SHEDTHI
                         W/O RAJEEV SHETTY,
                         AGED ABOUT 63 YEARS,

                         BOTH ARE RESIDING AT
                         NO.95, NAVAMI ASHRAYEE,
                         2ND MAIN ROAD,
                         KIRLOSKAR LAYOUT,
                         HESARGHATTA ROAD,
                         BENGALURU-560073.
Digitally signed
                                                              ...APPELLANTS
by SHARANYA T
Location: HIGH      (BY SRI. BHANU PRAKASH H.V., ADVOCATE [THROUGH VC])
COURT OF
KARNATAKA
                   AND:

                   1.    SMT. RASHMITHA G
                         W/O LATE NAGESH R,
                         AGED ABOUT 30 YEARS,

                   2.    KUM. AARNA N SHETTY
                         D/O LATE NAGESH R,
                         AGED ABOUT 6 YEARS,
                         SINCE MINOR REPRESENTED BY HER
                         MOTHER AND NATURAL GUARDIAN,
                         SMT. RASHMITHA G.
                               -2-
                                           NC: 2024:KHC:6756
                                        MFA No. 8237 of 2023




    R/O NO.106-3, NAYAKARA MANE,
    MELKATE KERI, KONI KOTESHWARA,
    KUNDAPURA TALUK-576222

    PRESENTLY RESIDNG AT NO.3,
    1ST CROSS, OPP. TO EC PRODUCTS,
    PIPE LINE ROAD, LAKSHMAIAH LAYOUT,
    NEAR PILLAPPA CIRCLE,
    CHIKBANAVARA POST, ABBIGERE,
    BENGALURU-560090

    HAVING BUSINESS AT
    NEW UDUPI DELICACY,
    NO.120B, EPIP INDUSTRIAL AREA,
    OPP. TO IN-ORBIT MALL,
    ITPL MAIN ROAD, WHITEFIELD,
    BENGALURU-560066.
                                             ...RESPONDENTS

     THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 07.08.2023 PASSED ON
I.A.NO.1 UNDER ORDER 39 RULE 1 AND 2 OF CPC.UNDER
ORDER 39 RULE 1 AND 2 OF CPC. IN OS.NO.1341/2023 ON
THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE,
BENGALURU RURAL, ISSUING EMERGENT NOTICE ON I.A.NO.1
FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

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

                        JUDGMENT

Heard the learned counsel appearing for the

appellants.

2. This appeal is filed against the order of issuance

of emergent notice. The emergent notice was ordered vide

NC: 2024:KHC:6756

order dated 07.08.2023.

3. The learned counsel for the appellants submits

that respondents have been served, but they have not

filed their written statement.

4. The trial court while passing the order comes to

the conclusion that no prima facie case is made out for

granting ad interim exparte injunction. When such being

the case, when notice has already been served even if the

respondents are not represented and have not filed written

statement, the Trial Court is directed to consider the

matter within 15 days from today. If the respondents

come forward to file the written statement and objections

to I.A., the Trial Court to consider the matter on merits.

With this observation, the appeal is disposed of.

Sd/-

JUDGE

SS