Karnataka High Court
N Jaya Prakash Rai vs M Niranjan Rai on 18 September, 2012
Author: N.Ananda
Bench: N. Ananda
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF SEPTEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE N. ANANDA
M.F.A. No.1551/2009 (CPC)
BETWEEN:
N.Jaya Prakash Rai
S/o late I.Vittal Rai
Aged about 53 Years
R/at Noojibailu House
Nettanige Mudnur Village
Eshwara Mangala Post
Puttur Taluk - 574 313, D.K. ... Appellant
(By Sriyuths M.J.Alva & Pradeep H.S., Advocates)
AND:
1. M.Niranjan Rai
S/o late I.Vittal Rai
Aged about 62 Years
R/at No.858/1
Furtado Layout
Puttur Kasaba Village
Darbe Post,
Puttur - 574 202, D.K.
2. Smt.Sathyaprema S.Rai
D/o late Muthakke @ Kamala &
Widow of late A.Shivarama Rai
Aged about 66 Years
R/o Madappadi House
Volamogru Village, P.O.Kaikara
Puttur Taluk, D.K.
2
3. Smt.Kathyayini R.Shetty
D/o late Muthakke @ Kamala &
Widow of late Rohithashwa Shetty
Aged about 64 Years
R/o Nooji Bailu House
Nettanige Mudnur Village
Post Eshwara Mangala
Puttur Taluk, D.K.
4. Smt.Krishna Kumari R.Rai
W/o B.Raja Rama Rai
Aged about 59 Years
R/at Aachebailu House
Ira Village & Post
Bantwal Taluk, D.K.
5. N.Ashok Kumar Rai
S/o late Muthakke @ Kamala
Aged about 57 Years
R/o Rohit Niwas
Mukrumpady, Kemminje Village
P.O.Darbe, Near St. Philomina
College, Puttur, D.K. 574 202.
6. Smt.N.Shoba J.Hegde
D/o late Muthakke @ Kamala
W/o B.Jayanth Hegde
B2, 2nd Floor, Starlet Apartment
Near Abharan Jewellers
Mallikatte, Kankanadi
Mangalore - 575 002
Also at
648, 10th Main
46th Cross, III Block
Rajajinagar
Bangalore -10. ... Respondents
(By Sri G.Balakrishna Shastry, Advocate for R1; Smt.Latha
Shetty & Smt.Shilpa Sharad, Advocate for C/R4; Sri Nagaraj
Hedge, Advocate for R6; R2, R3 & R5 are served, but
unrepresented)
3
This appeal is filed under order 43 Rule 1(s) CPC,
against the order dated 17.12.2008, passed on IA.No.1 in
OS.No.39/2003, on the file of Civil Judge (Sr. Dn.) &
Additional CJM, Puttur, Dakshina Kannada, allowing
IA.No.1 and etc.
This appeal coming on for admission this day, the
Court delivered the following:
JUDGMENT
When the matter is taken up for hearing, learned counsel for parties submit that, before the trial court, the case is posted for hearing on merits.
2. The order of appointment of receiver, which was for a limited period, was stayed by this court. Therefore, continuation of receiver in terms of the impugned order is not necessary.
3. The learned trial judge is directed to decide the case on merits within a period of two months from today. The appeal is accordingly disposed of.
Sd/-
JUDGE Np/-