Shaik Maula Ali vs P. Anusuya
2024 Latest Caselaw 6546 Kant

Karnataka High Court

Shaik Maula Ali vs P. Anusuya on 5 March, 2024

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                                                         NC: 2024:KHC:9285
                                                    MFA No. 1422 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 5TH DAY OF MARCH, 2024

                                        BEFORE
                          THE HON'BLE MR JUSTICE R. NATARAJ
               MISCELLANEOUS FIRST APPEAL NO. 1422 OF 2024 (CPC)
               BETWEEN:
               SHAIK MAULA ALI
               S/O. SHAIK NASGOOR SHAH,
               AGED ABOUT 48 YEARS,
               R/O. NO.172, BHARATHI NAGAR,
               HUNASE MARANAHALLI POST,
               BANGALORE NORTH TALUK-560 217.
                                                               ...APPELLANT
               (BY SRI. SHRAVAN MADHAV K.P., ADVOCATE)

               AND:
               P. ANUSUYA
               W/O. P. SASIBHUSHAN,
               AGED ABOUT 67 YEARS,
               R/O. PLOT NO.9920,
               HEGGANAHALLI VILLAGE,
               KUNDANA HOBLI,
               DEVANAHALLI TALUK,
Digitally      BANGALORE RURAL DISTRICT.
signed by BS
RAVIKUMAR                                                    ...RESPONDENT
Location:
HIGH                  THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
COURT OF
KARNATAKA      AGAINST THE ORDER DATED 23.02.2024 PASSED ON I.A. NO.XV IN
               O.S.NO.250/2013 ON THE FILE OF THE IIIRD ADDITIONAL SENIOR
               CIVIL JUDGE AND JMFC, C/C OF IIND ADDITIONAL SENIOR CIVIL
               JUDGE AND JMFC, DEVANAHALLI, DISMISSING THE I.A. NO.XV
               FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC.

                      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
               COURT DELIVERED THE FOLLOWING:
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                                              NC: 2024:KHC:9285
                                          MFA No. 1422 of 2024




                          JUDGMENT

The defendant in O.S.No.250/2013 on the file of the

Senior Civil Judge, Devanahalli, has filed this appeal challenging

an order dated 23.02.2024, by which an application (I.A.No.XV)

filed by him under Order XXXIX Rule 4 of CPC was rejected.

2. After arguing the appeal at length, the learned

counsel for the appellant sought liberty to withdraw the appeal.

3. This appeal was listed today at 2.30 p.m. on the

submission of the learned counsel for the appellant that the suit

is posted for arguments and an application for vacating interim

order of injunction was rejected by the Trial Court which would

result in an unbearable ordeal to the appellant. After going

through the contention urged by the appellant in this appeal, it

was clear that there was no urgency to take up the appeal out

of turn at 2.30 p.m.

4. In that view of the matter, though the request

made by the learned counsel for the appellant to withdraw the

appeal is granted but this appeal is dismissed as withdrawn

subject to payment of cost of Rs.10,000/- (Rupees Ten

NC: 2024:KHC:9285

Thousand only) payable to the Karnataka High Court Advocates

Clerks Association, Bengaluru, within a period of one week from

today.

Sd/-

JUDGE

PMR