IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR M.F.A. NO.3317/2017 (CPC) BETWEEN:
SRI B Y MANJAPPA S/O SRI.BASAPPA YELLER, AGED ABOUT 38 YEARS, R/AT NO.243/1, NEAR K.G.KALYANA MANTAPA, JALAHALLI VILLAGE, BANGALORE-560013.
(BY SRI. A V AMARNATHAN, ADVOCATE) AND:
1. SRI B M CHANDRAIAH S/O MAYANNA, AGED ABOUT 36 YEARS, R/AT.NO.45, 8TH MAIN ROAD, PRAKASHNAGAR, BANGALORE-560021.
2. SRI RAMESHMULLYA S/O GURUVAPPA, AGED ABOUT 55 YEARS, R/AT HAVANURU LAYOUT, HESARUGATTA MAIN ROAD, ... APPELLANT NAGASANDRA POST, BANGALORE-560079.
3. B N KRISHNA MURTHY AGED ABOUT 65 YEARS, RESIDING AT FLAT NO.-846, 6TH MAIN ROAD, WEST OF CHORD ROAD, 2ND STAGE, BANGALORE-560086.
4. SMT. BHAGYAMMA W/O KRISHNAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO.550, HEGGANAHALLI, VISHANEBIDAM POST, OM SHANTHI TEMPLE ROAD, SANJEVENI NAGAR, BANGALORE-560091.
... RESPONDENTS THIS MFA FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 01.03.2017 PASSED ON I.A. NOs. I & II IN O.S.NO. 518/2016 ON THE FILE OF THE IST ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, REJECTING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CPC, ALLOWING I.A.NO.2 UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Registry has raised an objection with regard to maintainability of the appeal on the ground Section 19(1) of Karnataka Civil Courts Act, 1964 would indicate that such appeal has to be filed before District Judge.
2. Appellant herein is the plaintiff in O.S.No.518/2016, which suit has been filed for declaration and injunction before the I Addl. Civil Judge, Bangalore Rural District, Bangalore. In aid of main relief, an interlocutory application I.A.No.1 came to be filed under Order 39 Rule 1 and 2 read with Section 151 CPC for the relief of temporary injunction. An application under Order 39 Rule 4 CPC came to be read with Section 151 CPC came to be filed by defendants to vacate the exparte order of temporary injunction. I.A.No.1 filed by plaintiff came to be rejected and I.A.No.2 filed by the defendants came to be allowed by order dated 01.03.2017. Said order is under challenge in this appeal.
3. An order passed by the Civil Judge (Jr.Dn.) rejecting an application filed under Order 39 Rules 1 and 2 CPC is appealable to Civil Judge (Sr.Dn) as per sub-section (1) of Section 20 of the Karnataka Civil Courts Act, 1964 when the valuation of original suit is less than Rs.10 Lakhs. The valuation slip filed before trial Court in the suit in question, which has been annexed to the present appeal memorandum would disclose that suit was valued at Rs.1,000/- and court fee had been paid accordingly. As such, appeal would lie before the Civil Judge (Sr.Dn) against the order dated 01.03.2017.
4. In that view of the matter, office objections is sustained. Appeal is hereby dismissed as not maintainable. However, liberty is reserved to the appellant to challenge the order dated 01.03.2017 passed by I Addl. Civil Judge, Bengaluru Rural District, Bengaluru, in O.S.No.518/2016 before the jurisdictional Court.
5. Registry is directed to return the certified copy of the order under challenge on same being substituted by a photocopy and time spent by the appellant before this Court from 19.04.2017 till filing of the appeal before the jurisdictional Court, which is fixed as not later than 12.06.2017, shall stand excluded for the purposes of computation of limitation.
SD/-
JUDGE DR