Sri S Narayanaswamy vs M/S Nti Employees
2024 Latest Caselaw 12575 Kant

Karnataka High Court

Sri S Narayanaswamy vs M/S Nti Employees on 5 June, 2024

Author: Ravi V Hosmani

Bench: Ravi V Hosmani

                                                 -1-
                                                           NC: 2024:KHC:19302
                                                         MFA No. 3259 of 2022




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 5TH DAY OF JUNE, 2024

                                                BEFORE
                              THE HON'BLE MR JUSTICE RAVI V HOSMANI
                      MISCELLANEOUS FIRST APPEAL NO. 3259 OF 2022 (CPC)
                      BETWEEN:

                      1.    SRI S. NARAYANASWAMY,
                            S/O SRI.SRINIVASAIAH,
                            AGED 55 YEARS,
                            R/AT NO.9, SRI CHOWDESHWARI MAHAL,
                            'D' ASHWATHAPPA LAYOUT,
                            SAHAKARNAGAR, KODIGEHALLI,
                            BENGALURU - 560 092.

                      2.    SRI A. SRINIVASAIAH,
                            S/O ASHWATHAPPA,
                            AGED 72 YEARS,
                            R/AT NO.9, SRI CHOWDESHWARI MAHAL,
                            'D' ASHWATHAPPA LAYOUT,
                            SAHAKARNAGAR, KODIGEHALLI,
Digitally signed by         BENGALURU - 560 092.
GEETHAKUMARI
PARLATTAYA S
Location: High        3.    SMT. AMMAYAMMA,
Court of Karnataka
                            W/O A. SRINIVASAIAH,
                            AGED 70 YEARS,
                            R/AT NO.9, SRI CHOWDESHWARI MAHAL,
                            'D' ASHWATHAPPA LAYOUT,
                            SAHAKARNAGAR, KODIGEHALLI,
                            BENGALURU - 560 092.

                      4.    SRI HARISH S,
                            S/O SRINIVASAIAH,
                            AGED 50 YEARS,
                               -2-
                                           NC: 2024:KHC:19302
                                        MFA No. 3259 of 2022




    R/AT NO.9, SRI CHOWDESHWARI MAHAL,
    'D' ASHWATHAPPA LAYOUT,
    SAHAKARNAGAR, KODIGEHALLI,
    BENGALURU - 560 092.
                                                 ...APPELLANTS
(BY SRI CHANDAN GOWDA, ADVOCATE)

AND:

M/S. NTI EMPLOYEES,
HOUSE BUILDING CO-OPERATIVE SOCIETY,
G-5, PALACE ORCHARDS,
APARTMENT NO.51, 9TH MAIN,
6TH CROSS, R.M.V. EXTENSION,
BENGALURU - 560 090.
REPRESENTED BY ITS SECRETARY.
                                               ...RESPONDENT
(BY SRI R.V.JAYAPRAKASH, ADVOCATE FOR C/R)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 23.03.2022 PASSED ON I.A. NO.
1 IN O.S.NO.1372/2022 ON THE FILE OF THE XXXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
CITY (CCH-40), DISMISSING THE I.A. NO.1 FILED UNDER
ORDER XXXIX RULES 1 AND 2 OF CPC.

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

Learned counsel for respondent has filed a memo stating

that plaint in O.S.no.1372/2022 on file of 39th Additional City

Civil Judge (CCH-40), Bengaluru, out of which this appeal

arises, came to be rejected by order dated 18.01.2024 passed

by this Court in CRP.no.721/2023 on an application under

NC: 2024:KHC:19302

Order VII Rule 11 of CPC. In view of same, present appeal

would not survive for consideration.

2. Learned counsel for appellants, on other hand has filed

a memo stating that order passed in CRP.no.721/2023

questioned before Hon'ble Supreme Court in SLP(C)

no.7204/2024 wherein notice is ordered.

3. Since there is no interim order of stay, present appeal

would not survive for consideration and is dismissed as such.

Liberty is reserved to appellants to seek for revival in case they

succeed in Special Leave Petition.

Sd/-

JUDGE

MKM