Sri. R. Ravindra Kumar vs The Commissioner
2024 Latest Caselaw 341 Kant

Karnataka High Court

Sri. R. Ravindra Kumar vs The Commissioner on 4 January, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                  -1-
                                                                 NC: 2024:KHC:347
                                                             MFA No. 8062 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 4TH DAY OF JANUARY, 2024

                                                BEFORE

                                THE HON'BLE MR JUSTICE H.P.SANDESH

                      MISCELLANEOUS FIRST APPEAL NO. 8062 OF 2023 (CPC)

                      BETWEEN:

                      1.    SRI. R. RAVINDRA KUMAR
                            S/O LATE RAMACHANDRAN
                            AGED ABOUT 65 YEARS
                            R/AT NO.178, K.B.A.R.MAIN ROAD
                            AUSTIN TOWN
                            BANGALORE-560047
                                                                      ...APPELLANT

                                   (BY SRI. RAM MOHAN A., ADVOCATE)
                      AND:

                      1.    THE COMMISSIONER
                            MAHANAGARA PHALIKE
                            N.R. CIRCLE
                            BANGALORE-560001
Digitally signed by
SHARANYA T
Location: HIGH        2.    ASST. EXECUTIVE ENGINEER
COURT OF                    DOMLUR SUB-DIVISION
KARNATAKA
                            BBMP 1ST MAIN ROAD
                            1ST 'B' CROSS, DOMLUR LAYOUT
                            BANGALORE-560071

                      3.    STATE OF KARNATAKA
                            REPRESENTED BY ITS SECRETARY
                            DEPARTMENT OF REVENUE
                            VIDHANA SOUDHA
                            BANGALORE-560001
                                                                  ...RESPONDENTS
                                -2-
                                               NC: 2024:KHC:347
                                         MFA No. 8062 of 2023




     THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT.04.11.2023 PASSED ON IA NO.3 IN
O.S.NO.7059/2023 ON THE FILE OF THE 20TH ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-32),
PRAYING TO SET ASIDE THE PORTION OF THE ORDER AND
REJECTING EXPARTE TEMPORARY INJUNCTION AGAINST THE
DEFENDANTS/RESPONDENTS FROM DEMOLISHING OF SUIT
SCHEDULE PROPERTY OR ANY PORTION OF IT BY THE
DEFENDANTS/RESPONDENTS TILL THE DISPOSAL OF THIS
APPEAL.

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

                          JUDGMENT

Learned counsel for the appellant has filed a memo

stating that the Trial Court in O.S.No.7059/2023 has allowed

I.A.No.III filed under Order 39, Rule 1 and 2 granting injunction

till the disposal of the suit and hence, this appeal has become

infructuous.

2. In view of the memo and since, the Trial Court has

granted injunction in O.S.No.7059/2023 till the disposal of the

suit, the appeal is dismissed as having become infructuous.

Sd/-

JUDGE

ST