IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR M.F.A. NO. 571 OF 2016 (CPC) BETWEEN K. Gomathi Kolangiammal W/o Janakirama Aged 56 years R/at No.12, Santha Street Aarini Thiruvanna Malai District Tamil Nadu State. ... Appellant (By Sri. H. T. Narayan, Advocate) AND 1. K. Subramaniam S/o M. Kumar Aged 52 years 2. K. Venkatesh S/o M. Kumar Aged 48 years R/at No.19, Mega City Layout Marugondanahalli Main Road Thambuchetty Palya Bangalore – 560 036.
3. S. Lakshmiprabha W/o K. Subramaniam Aged 48 years 4. S. Ganesh S/o. K. Subramaniam Aged 30 years Respondents No.1, 3 & 4 are R/at No.158, G. No. 8th Street, Jogu Palya, Ulsoor Bangalore – 560 008.
5. Vijaya Bank Brigade Road Bangalore – 560 001.
Rep. by its Authorised Officer and Assistant General Manager. ... Respondents (Respondent No. 5 - served) This MFA is filed under Order 43 Rule 1(r) of the CPC, against the order dated 07.01.2016 passed on I.A.No.1 in O.S.No.5913/2009 on the file of the 44th Additional City Civil and Sessions Judge, Bengaluru, dismissing I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC and etc.
This MFA coming on for orders, this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellant submits that in view of the amendment of SARFAESI Act, 2002, this appeal is not maintainable.
Submission made by the learned counsel for the appellant is placed on record.
The appeal is dismissed as not maintainable.
SD/- JUDGE Mgn/-