SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Online)(KAR) 21291

HIGH COURT OF KARNATAKA
H.P.SANDESH, J
M.R.KRISHNAMURTHY – Appellant
Versus
M.H.GIRISH – Respondent


Advocates:
For the Appellants/Petitioners: SRI. ALLAH BAKASH M.
For the Respondents: SRI. VIJAYA KUMAR K.

Table of Content
1. maintainability of the appeal process under procedural rules. (Para 1)
2. discussion on jurisdictional valuation of the suit as it affects appeal. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8)
3. ruling on how jurisdiction is determined based on lower court’s valuations. (Para 9)
4. final ruling dismissing the miscellaneous first appeal. (Para 10 , 11)

JUDGMENT

Heard the learned counsel for appellant and also the learned counsel for respondent with regard to the maintainability of this Miscellaneous First Appeal before this Court. Admittedly, the impugned order which is in challenge is passed by the I Addl. Civil Judge and JMFC, at Nelamangala in O.S.No.5/2022. The application filed under Order 39 Rule 1 and 2 of CPC was allowed and the impugned order of injunction has been granted, the same is challenged in this appeal. The office has raised the objection. This Court while considering the matter, kept open the maintainability and passed an interim order of status quo.

2. Now, the counsel appearing for the respondent would vehemently contend that this Miscellaneous First Appeal is not maintainable before this Court. The suit is filed for the relief of permanent injunction before th

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top