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H. B. PRABHAKARA SASTRY
SHANTINATH S/O GUNADHAR MUTTIN – Appellant
Versus
IRANNA S/O MALLAPPA MUMBAI – Respondent
JUDGMENT :
plaintiff in O-S-No-306/2007 in Court of learned Senior Civil Judge at Indi (henceforth for brevity referred to as 'trial Court') has filed this appeal challenging order dated 11-06-2015 passed by Trial Court wherein his interlocutory application bearing I-A-No-XVIII filed under Order XXXIX Rule 2-A of Code of Civil Procedure 1908 (henceforth for brevity referred to as 'CPC') was rejected-
2- present appellant has filed a suit in O-S-No-306/2007 in trial Court against present respondents and others for relief of partition and separate possession- suit properties inter alia was also included land properties in different survey numbers which according to plaintiff have been formed into several plots and were sold to different persons by defendant No-1- During pendency of said original suit present appellant as plaintiff on 12-01-2012 filed I-A-No-XVI for relief injunction restraining defendants from undertaking any construction and development works in suit schedule properties- said I-A-No-XVI came to be allowed by order of trial Court dated 02-08-2012- Defendant No-1 filed an application on 19-03-2013 in trial Court under Order XXXIX Rule 4 of CPC for re
Point of law : An order of rejection of application which application is made under Order XXXIX Rule 2-A of CPC would also be an order made under Order XXXIX Rule 2-A of CPC- As such appeal would lie....
Point of Law; application under Order XXXIX Rule 2A of CPC is filed, the Court shall register that as Miscellaneous and issue notice of the same to the defendants contemnors since no such procedure w....
Bar under Order IX Rule 9 of the Code does not apply in a suit for partition, since the right to enforce partition is a legal incident of a joint tenancy, and as long as such tenancy subsists, any of....
An appeal against an ex-parte injunction is maintainable under Order XLIII Rule 1(r), affirming that the right to appeal is a statutory right.
Refusal to grant ex parte injunction is appealable; procedural adherence is vital for determining appealability under CPC.
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
The main legal point established in the judgment is the importance of correctly interpreting the appropriate appeal provision under the CPC for a specific case.
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