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. 3834 OF 2017 (CPC) BETWEEN Mr. N.J. Ravishankar, Aged about 48 years, S/o Late N.A. Kumar, R/at No.20, S.B. Road, V.V.Puram, Bengaluru – 560 004.
... Appellant (By Sri. Surya Prakash Rao K., Advocate.) AND 1. Mrs. T.N.Sarvamangala @ Dakshayini, Aged about 74 years, W/o Late N.A.Kumar, R/at No.46, Jitra Plot, Apoorvanagar, B. Gokul Road, Hubli – 580 080.
2. Mr. B.R. Jagadish, Aged about 54 years, S/o Rudraiah, R/at No. 492, 7th Cross, 7th Block, West of Kanakapura Road, Jayanagar, Bangalore – 560 082.
3. Mrs. Renuka Poojar, Aged about 46 years, W/o Manjunath Poojar, R/at No. 46, Jitra Plot, Apoorvanagar, B. Gokul Road, Hubli – 580 080.
... Respondents (By Sri. Sandeep Patil, Advocate for R2.
R1 & R3 – Served.) This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 12.05.2017 passed on I.A.No. 2 in O.S.No. 3279/2017 on the file of the Principal City Civil and Sessions Judge, Bengaluru, issuing Emergent Notice and SS to defendants by 27.05.2017.
This MFA coming on for admission, this day, the Court delivered the following:
JUDGMENT This appeal is preferred against the order dated 12.05.2017 passed by the Prl. City Civil and Sessions Judge, Bengaluru on I.A.No.2 in O.S.No.3279/2017, wherein the court had issued emergent notice and suit summons on I.A.No.2 to the defendants / respondents. The said I.A.No.2 was filed seeking an order of temporary injunction restraining defendants 2 and 3 from in any way alienating or encumbering the suit schedule properties during the pendency of the suit in O.S.No.3279/2017.
2. The present appeal has been filed by the appellant / plaintiff seeking to set aside the order dated 12.05.2017 passed by the court below on I.A.No.2 directing issue of emergent notice and suit summons to defendants / respondents. It is relevant to state that the suit is filed by the plaintiff against the defendants to declare the Gift Deed dated 13.12.2013 registered in the office of the Sub-Registrar, Banashankari, Bengaluru as null and void and not binding on the plaintiff.
3. The learned counsel for the appellant / plaintiff as well as the respondents / defendants appear before this court and submit that the said application I.A.No.2 is yet to be considered by the court below and the parties are yet to be heard as regards the said application. Therefore, they seek that this appeal be disposed of with a direction to the court below to dispose of the said I.A. expeditiously.
4. Hence, at the request of the learned counsel for both the parties, it is hereby directed that the said I.A.No.2, i.e., the interim application filed by the plaintiff, shall be heard and disposed of by the court below, within a period of 30 days from the date of receipt of a copy of this order. The appeal is disposed of with the said observation.
In view of the disposal of the main appeal, the pending I.As in this appeal, i.e., I.A.Nos.1, 3 and 4 of 2017 also stand disposed of, as they do not survive for consideration.
SD/- JUDGE KS