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Karnataka High Court

Mr. B Mohan Reddy vs Mr C V Reddy on 8 January, 2013

Author: C.R.Kumaraswamy

Bench: C.R. Kumaraswamy

                        1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

   DATED THIS THE 08TH DAY OF JANUARY, 2013

                     BEFORE

  THE HON'BLE MR. JUSTICE C.R. KUMARASWAMY

 MISCELLANEOUS FIRST APPEAL No.325/2012(CPC)

BETWEEN:

  1. MR. B.MOHAN REDDY
     S/O SRI. LATE MUTYAM REDDY
     AGED ABOUT 72 YEARS

  2. MR. B. JAIPAL REDDY
     S/O SRI. LATE B. NARAYANA REDDY
     AGED ABOUT 77 YEARS

       BOTH ARE RESIDING AT NO.501
       ARUNODAYA NEST
       KAGGADASAPURA MAIN ROAD
       C.V.RAMAN NAGAR
       BANGALORE-560 093
                                ...APPELLANTS

(BY SRI.V.S.BIJI, ADVOCATE)

AND:

  1. MR. C.V.REDDY
     S/O SRI. C.RAMACHANDRA REDDY
     AGED ABOUT 51 YEARS

  2. MRS. NITHYA C.V.REDDY
     W/O C.V.REDDY
     AGED ABOUT 43 YEARS
                                   2


        BOTH ARE R/AT NO.67
        NETHAJI ROAD, KOTHANOOR
        BANGALORE-560 077
                             ...RESPONDENTS

(BY SRI. N.G. SREEDHAR, ADVOCATE FOR C/R1 & 2)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER ORDER 43 RULE 1(r) R/W SECTION 104 OF
CPC AGAINST THE ORDER DATED 23.11.2011
PASSED ON I.A.NO. II IN O.S.NO.3217/2011 ON THE
FILE OF THE VII ADDITIONAL CITY CIVIL JUDGE,
BANGALORE, DISMISSING I.A.NO.II FILED U/O 39
RULE 1 & 2 OF CPC FOR T.I.

     THIS MFA IS COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                          JUDGMENT

This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) r/w Section 104 of CPC, against the order dated 23.11.2011 passed on I.A.No.II in O.S.No.3217/2011 on the file of the VII Additional City Civil Judge, Bangalore, dismissing I.A.No.II filed under Order 39 Rule 1 & 2 of CPC for Temporary Injunction.

2. This matter was heard for some time. During the course of the argument, learned counsel for the appellants submitted that a direction may be issued 3 to the trial Court to dispose of the original suit within ten months from the date of receipt of copy of this order.

3. With these observations, this Miscellaneous First Appeal is disposed of.

I.A.No.1/2012 filed for temporary injunction does not survive of consideration as the main matter is disposed of.

SD/-

JUDGE PMR