Karnataka High Court
Sri S Radha Krishna vs Sri. Albert Christy on 29 October, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:43605
MFA No. 5481 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.5481 OF 2024 (CPC)
BETWEEN:
1. SRI S RADHA KRISHNA
S/O LATE SEENAPAP
AGED ABOUT 63 YEARS
2. SMT. KOKILA
W/O S RADHA KRISHNA
AGED ABOUT 63 YEARS
BOTH ARE R/AT No.30
7TH 'C' CROSS, 16TH MAIN
4TH 'B' BLOCK, KORAMANGALA
BENGALURU 560034
Digitally signed
by DEVIKA M
Location: HIGH 3. SRI ARAVIND GREGORY
COURT OF AGED ABOUT 46 YEARS
KARNATAKA
S/O R ANTHONY JOSEPH
R/AT No.308, 'KIRAN'S NEST'
4TH CROSS, 2ND MAIN
ROYAL LAKE FRONT
J P NAGAR 8TH PHASE
BENGALURU - 560076
...APPELLANTS
(BY SRI KESHAV M DATAR, ADVOCATE)
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NC: 2024:KHC:43605
MFA No. 5481 of 2024
AND:
SRI. ALBERT CHRISTY
S/O LATE GOLDWYN MARIYAPPA
AGED ABOUT 50 YEARS
R/AT No.152/16
DORESANI PALYA VILLAGE
BANNERGHATTA ROAD
BENGALURU 560076
...RESPONDENT
(BY SRI JEEVAN K, ADVOCATE)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 18.07.2024 PASSED ON
I.A.NO.1/2023 IN OS.NO.8012/2023 ON THE FILE OF THE
III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
This appeal is filed challenging the order dated
18.07.2024 passed on I.A.No.1 in O.S.No.8012/2023 on
NC: 2024:KHC:43605
the file of the III Additional city Civil and Sessions Judge,
Bengaluru.
2. Head the learned counsel appearing for the
respective parties.
3. The main contention of the learned counsel for
the appellants before this Court that the documents which
have been placed before the Trial Court by the appellants
were not considered while passing the order on I.A.No.1.
This Court having considered the same, stayed the
impugned order. The counsel further submits that the
matter may be remanded to the Trial Court for fresh
consideration of I.A.No.1 considering the documents
produced by the appellants and pass the order on merits.
The learned counsel for the respondent also not disputes
the fact that the documents which have produced by the
appellants not considered by the Trial Court and he also
submits that he has no objection to remand the matter for
fresh consideration but an order of status quo may be
passed till the disposal of I.A.No.1.
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4. Having heard the learned counsel appearing for
the respective parties and also having taken note of the
fact that the Trial Court has passed an order on I.A.No.1
without looking into the documents produced by the
appellants, this Court opined that the matter requires
fresh consideration. Hence, the Trial Court is directed to
consider the pleadings and objections of the respective
parties and also the documents in a proper perspective
and pass an order on I.A.No.1 on merits.
5. With this observation, the order impugned is set
aside. The respective parties to the appeal are directed to
maintain status quo till disposal of I.A.No.1. Accordingly,
the appeal is disposed of.
6. The Trial Court is directed to consider I.A.No.1
within a period of one month from the date of receipt of
copy of this order. The respective counsel also directed to
produce this order before the Trial Court forthwith to
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enable the Trial Court to consider IA in a time bound
period.
7. In view of disposal of the main appeal, I.A. if
any, does not survive for consideration and the same
stands disposed of.
Sd/-
(H.P.SANDESH)
JUDGE
SN
