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2025 DAILYLAW 21222 (KAR)

SMT. SHOBHA v. SMT. RAMADEVI

MFA/5235/2019 · 2025-04-15

Hanchate Sanjeevkumar

Original Suitbody2025

Judgment text

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- 1 - NC: 2025:KHC:15428 MFA No. 5235 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5235 OF 2019 (CPC) BETWEEN: 1. SMT. SHOBHA, AGED ABOUT 58 YEARS, W/O LATE A. VENKATESH, R/AT NO.7/1, 10TH A CROSS, KADIRENAHALLI, BANASHANKARI II STAGE, BENGALURU-560 070. …APPELLANT (BY SRI. C.H.RAMACHANDRA REDDY, ADVOCATE) AND: 1. SMT. RAMADEVI, W/O L.H. APPAJI, AGED ABOUT 56 YEARS R/AT NO.193, 3RD MAIN ROAD, KANAKA LAYOUT, BANASHANKARI II STAGE, BENGALURU. …RESPONDENT (BY SRI. NAGAIAH, ADVOCATE) THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23/04/2019, PASSED ON IA.NO.1, IN O.S.NO.8805/2018, ON THE FILE OF THE XXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-30), DISMISSING THE IA.NO.1 FILED U/O 39, RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15428 MFA No. 5235 of 2019 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the plaintiff challenging the order dated 23.04.2019 passed on I.A.No.I filed under Order XXXIX Rule 1 & 2 of CPC in O.S.No.8805/2018 on the file of XXIX Addl. City Civil & Sessions Judge, Bengaluru (hereinafter referred to as 'the Trial Court' for short), thereby, the application filed by her for grant of temporary injunction was dismissed. 2. The plaintiff has filed a suit for permanent injunction. 3. Learned counsel for the respondent submits that now the suit is set down for cross examination of DW.1 and after completion of cross examination of DW.1, the matter is posted for arguments. Therefore, the suit may be disposed of as expeditiously as possible. 4. Considering the submission that now the suit is set down for cross examination of DW.1 and after - 3 - NC: 2025:KHC:15428 MFA No. 5235 of 2019 completion of the defendant's evidence, there may not be length of time to force the matter for arguments and disposal of the suit. Therefore, it would suffice if the trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. 5. Accordingly, the trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. Both the parties shall co-operate for early disposal of the suit. The present appeal stands disposed of accordingly. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PGG List No.: 1 Sl No.: 27