Karnataka High Court
Sri Vishnu R Makhija vs Sri M Ramu on 16 January, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:2030
MFA No. 7231 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 7231 OF 2014
BETWEEN:
1 VISHNU R MAKHIJA,
SINCE DECEASED BY LRS
1(A). SMT. PUSHPA V MAKHIJA,
AGED ABOUT 82 YEARS,
W/O LATE VISHNU R MAKHIJA.
1(B). SMT. SUMAN V MAKHIJA
AGED ABOUT 59 YEARS,
D/O LATE VISHNU R MAKHIJA
1(C). SRI. VINOD V MAKHIJA
Digitally signed
by SHARANYA T AGED ABOUT 59 YEARS,
Location: HIGH S/O LATE VISHNU R MAKHIJA
COURT OF
KARNATAKA
ALL RESIDING AT NO.36,
1ST MAIN, GANGENAHALLI
GANGANAGAR LAYOUT
BANGALORE - 560 032
...APPELLANTS
(BY SRI. SIDDHARTH SUMAN, ADVOCATE FOR A1(A TO C))
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NC: 2024:KHC:2030
MFA No. 7231 of 2014
AND:
1. SRI. M.RAMU,
AGED ABOUT 39 YEARS,
S/O LATE MARIYAPPA,
R/O NO.18, 3RD MAIN, 4TH CROSS,
MALLESHPALYA, NEW THIPPASANDRA,
BANGALORE-560 075.
2. SRI.KEMPANNA S/O LATE BADRAPPA,
AGED ABOUT 51 YEARS,
R/A CHOKKANAHALLI VILLAGE,
JAKKUR POST, YELAHANKA,
BANGALORE NORTH TALUK.
3. SRI. SRINIVASA,
AGED ABOUT 46 YEARS,
S/O LATE A.M.CHIVENKATAIAH,
R/A CHOKKASANDRA VILLAGE,
JAKKUR POST, YELAHANKA,
BANGALORE NORTH TALUK.
4. SMT K.K.SUNITHA,
AGED ABOUT 48 YEARS,
D/O K.K.KEMPAIAH,
NO.733, PATEL MUNIVENKATAPPA LAYOUT,
BANGALORE-560 032.
5. SMT.MUNITHAYAMMA,
AGED ABOUT 74 YEARS,
D/O LATE BHADRAPPA,
R/A CHOKKANAHALLI VILLAGE,
JAKKUR POST, YELAHANKA,
BANGALORE NORTH TALUK.
...RESPONDENTS
(BY SRI. L.S. VENKATAKRISHNA ADVOCATE FOR R1;
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MFA No. 7231 of 2014
VIDE ORDER DATED 03.12.2014 R2, R4 AND R5 DELETED;
VIDE ORDER DATED 17.08.2022 APPEAL AGAINST R3
DISMISSED )
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 15.10.2014 PASSED ON I.A.NO.2 IN
O.S.NO.204/2008 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT-I, BANGALORE RURAL DISTRICT,
BANGALORE, ALLOWING I.A.NO.2 FILED U/O 39 RULE 1 & 2
R/W SEC.151 OF CPC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for appellant and also learned
counsel for respondents.
2. This MFA is filed to set aside the order dated
15.10.2014 passed by the Court of the Fast Track Court -I,
Bangalore Rural District, Bangalore on I.A.No.2 in OS
No.204/2008 and to dismiss I.A.No.2 filed by the first
respondent under Order 39 Rule 1 and 2 read with Section 151
of CPC. The relief sought before the Trial Court by the plaintiff
was for relief of partition, interim order of stay, relief of
temporary injunction not to alienate the suit schedule property
and not to create any third party rights.
NC: 2024:KHC:2030
3. Learned counsel for the appellant submits that after
obtaining this order, the respondent/plaintiff is not pursuing the
matter and this order was passed on 15.10.2014. He also
brought to the notice of this Court that the suit is filed in the
year 2008, the matter is pending almost for 16 years. Hence,
the counsel submits that a direction may be given to the Trial
Court to dispose of the matter within a time bound period.
4. Having heard the submission of learned counsel for
appellant and also observing that the suit is of the year 2008
and the impugned order was passed in 2014 and the present
appeal is pending from 14 years i.e. almost a decade. The
counsel submits that there is no progress in the Trial Court and
having taken note of that the suit is pending for almost 16
years, it is appropriate to direct the Trial Court to dispose off
the suit within a period of one year from today.
5. Registry is directed to communicate this order to
the P.O. of the Trial Court. No further time will be granted,
since the suit for partition is pending for almost 16 years.
ORDER
With these observations, this appeal is disposed off.
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The order passed by this Court staying the impugned
order is extended till the disposal of the suit.
Sd/-
JUDGE
NJ
