Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1376 CRP No. 627 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 627 OF 2023
BETWEEN:
VEERAMANI K C AGED ABOUT 58 YEARS, S/O CHINNARAJU, R/AT NO.1, GANDHI ROAD, EDYYAMPATTI JOLARPETTI, VELLUR DISTRICT-635851, TAMILNADU STATE. …PETITIONER (BY SRI. SAMPAT ANAND SHETTY., ADVOCATE) AND:
N SHIVAPRASAD AGED ABOUT 61 YEARS, S/O LATE NANJAPPA, FALSELY CLAIMING TO BE R/AT PROPERTY BEARING NO.9, PENT HOUSE, 6TH FLOOR, SRT COMPLEX, SERVICE ROAD, CHLLEKERE, KALYANNAGAR, BENGALURU 560043, BUT IN FACT R/AT NO.415, 6TH A MAIN, HRBR LAYOUT, BANASWADI, BANGALORE-560043 …RESPONDENT (BY SRI.DYAN CHINNAPPA., SR. COUNSEL FOR SRI. M.V.SUNDARA RAMAN., ADVOCATE)
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1376 CRP No. 627 of 2023
THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE ORDER DATED 07.06.2023 PASSED ON IA NO.2 IN OS NO.25762/2023 ON THE FILE OF XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BANGALORE, DISMISSING THE IA NO.2 FIELD UNDER ORDER 7 RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioner herein is the defendant in O.S.No.25762/2023. His application filed under Order VII Rule 11(a) and (d) has been rejected by the trial court and therefore this Civil Revision Petition has been filed.
2. The impugned order contains order on an application filed by the plaintiff under Order XXXIX Rules (1) & (2) as well as consideration of the interlocutory application filed by the defendant under Order VII Rule 11 of Code of Civil Procedure. Insofar as the order passed under Order XXXIX Rules 1 & 2 is concerned, learned Senior Counsel Sri M.Dyan Chinnappa, appearing for the
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NC: 2025:KHC:1376 CRP No. 627 of 2023
respondent submits that the petitioner herein had filed MFA No.6736/2023 c/w M.F.A.No.6738/2023 and the miscellaneous first appeals were dismissed by order dated
01.03.2024. There is a temporary injunction operating against the defendant that he shall not alienate or deal with any portion of the suit schedule property during the pendency of the suit.
3.
Learned counsel for the petitioner submits that subsequently the petitioner has filed one more interlocutory application before the trial court in I.A.No.4 with a prayer for issuing certain directions to the plaintiff to deposit certain amounts as security, since the defendant has been restricted from alienate the apartments, which he has put up. Learned counsel would therefore submit that the petition may be disposed of directing the trial court to consider the said application.
4. Accordingly, the Civil Revision Petition stands
disposed of upholding the impugned order passed in respect of the interlocutory application filed under Order
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NC: 2025:KHC:1376 CRP No. 627 of 2023
VII Rule 11, while requesting the learned 13th Addl. City Civil and Sessions Judge, Mayohall Unit, Bengaluru to consider the said interlocutory application said to have been filed on behalf of the defendant seeking certain directions in view of the restrictions put on the defendant not to alienate the suit schedule properties during the pendency of the suit. It is also requested that the trial court may endeavour disposal of the suit as expeditiously as possible. The interlocutory application filed by the defendant shall be considered as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of copy of this order.
Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
KLY CT: JL