S. Natarajan vs Kishan Soliwal
2024 Latest Caselaw 5604 Kant

Karnataka High Court

S. Natarajan vs Kishan Soliwal on 22 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                           NC: 2024:KHC:7498
                                                         MFA No. 387 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 387 OF 2024 (CPC)

                   BETWEEN:

                   1.    S. NATARAJAN
                         S/O LATE SUBBARAYAN,
                         AGED ABOUT 52 YEARS,
                         R/AT NO.17, CHOWDAPPA ROAD,
                         SHANTHINAGAR,
                         BANGALORE-560027
                                                               ...APPELLANT
                          (BY SRI G.L.VISHWANATH, SENIOR COUNSEL FOR
                          SMT.MANASA B.RAO, ADVOCATE [THROUGH VC])
                   AND:

                   1.    KISHAN SOLIWAL
                         S/O BABU LAL SOLIWAL,
Digitally signed         AGED ABOUT 65 YEARS,
by SHARANYA T
Location: HIGH     2.    SAVITRI DEVI
COURT OF
KARNATAKA                W/O KISHAN SOLIWAL,
                         AGED ABOUT 62 YEARS,

                         BOTH ARE R/AT NO.12/2,
                         3RD FLOOR, EMBASSY RESIDENCY,
                         YELLAMMA GARDEN,
                         8TH CROSS, LAKSHMI ROAD,
                         SHANTHINAGAR,
                         BANGALORE 560002
                                                             ...RESPONDENTS
                        (BY SRI RAMESH P.KULKARNI, ADVOCATE FOR R1 & R2)
                                  -2-
                                                NC: 2024:KHC:7498
                                              MFA No. 387 of 2024




     THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 18.01.2024 PASSED ON
I.A.NO.1 IN OS.NO.26398/2023 ON THE FILE OF THE LXXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL ,
BENGALURU CCH-73, DISMISSING THE I.A.NO1/2023 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 for the appellant and also

the learned counsel for the respondents. Earlier this Court

having noticed the dispute with regard to the causing of

damage of compound is concerned, the counsel for

respondents made submission that they are going to re-

construct the compound.

2. Now, the counsel appearing for the respondents

files a memo and produced the earlier photograph and

also work undertaken and also the counsel for appellant

not disputes the fact that almost 75% of the construction

is completed. The counsel appearing for the respondent

would submits that almost 90% of the construction is

over. Having taken note of the memo along with

photographs which have been produced, it is appropriate

NC: 2024:KHC:7498

to dispose of the appeal in view of re-construction of the

compound wall and all other contentions are kept open

and the respondents are directed to complete the re-

construction of compound wall in all respect in a short

period. Accordingly, the Miscellaneous First Appeal is

disposed of.

Sd/-

JUDGE

RHS