SMT. SRIDEVI K N v. SMT ABIDUNISSA
Case at a glance
Outcome
Disposed of
Therefore, the above appeal is disposed of
Provisions considered
- Code of Civil Procedure, 1908 s. 151; O. 39 r. 4; O. XXXIX rr. 1, 2
Key paragraphs
- Para 88. SRI. KHASIM ANSARI, S/O. ZAMIN ANSARI, AGED ABOUT 48 YEARS, R/AT NO.16, 6TH CROSS, 2ND MAIN, BYRAPPA LAYOUT, NEAR RASHIDA MASJID, - 3 - NC: 2025:KHC:39133 MFA No. 7241 of 2025 HC-KAR GOVINDPURA, ARABIC COLLEGE, BENGALURU - 560 045 …RESPONDENTS THIS MFA IS FILED…
Judgment
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7241 OF 2025 (CPC-) BETWEEN: SMT. SRIDEVI K N W/O. PRASAD S.V, AGED ABOUT 48 YEARS, R/AT NO.1629, 6TH CROSS, 20TH MAIN ROAD, NEAR AGARA DIPO, 1ST SECTOR HSR LAYOUT, BENGALURU-560 102 (BY MISS PRIYA ARIKADY, ADV. FOR SRI. NITIN A M., ADV.) …APPELLANT AND:
#1. SMT ABIDUNISSA Digitally signed by SWAPNA V Location: high court of karnataka W/O. LATE. SYED SIRAJ AHMED, AGED ABOUT 56 YEARS, R/A NO. 97, GROUND FLOOR, 3RD CROSS, WAJID LAYOUT, THANISANDRA, KOTHANURU VILLAGE, BENGALURU-560077
#2. SMT. SHAMSHAL NAHAR D/O. LATE. SYED SIRAJ AHMED, W/O. MOHAMMED ARIFULLA KALEEMULLA AGED ABOUT 34 YEARS, R/AT NO. 23, GROUND FLOOR, 3RD CROSS, GOVINDAPURA, BENGALURU- 560045 - 2 - NC: 2025:KHC:39133 MFA No. 7241 of 2025 HC-KAR
#3. SRI. SYED JALEEL PIKAR AHMED S/O. LATE. SYED ALI, AGED ABOUT 65 YEARS, R/AT WARD NO.14, GAFFAR KHAN MOHALLA, SRINIVASAPUR-563 135, KOLAR DISTRICT.
#4. SRI. SYED SADATHULLA, S/O. SYED HABIBULLA, AGED ABOUT 77 YEARS, R/AT NO.2, MOSQUE STREET, M.R. PALYA, BENGALURU-560006
#5. SMT. AMEERUNNISA W/O. SYED MAHABOOB, AGED ABOUT 80 YEARS, R/AT NO.37, 4TH CROSS, MARAPPA THOTA, J.C.NAGAR, BENGALURU-560 006
#6. SRI. SADIQ ANSARI, S/O. LATE. ABDUL REHAMAN ANSARI, AGED ABOUT 55 YEARS, R/AT NO.12, 2ND MAIN ROAD, VASANTH NAGAR, BENGALURU-560 001
#7. SRI. SYED MAQSOOD, S/O. LATE. SYED MAHABOOB, AGED ABOUT 51 YEARS, R/AT NO.37, 4TH CROSS, MARAPPA GARDEN, J.C. NAGAR, BENGALURU-560 006
#8. SRI. KHASIM ANSARI, S/O. ZAMIN ANSARI, AGED ABOUT 48 YEARS, R/AT NO.16, 6TH CROSS, 2ND MAIN, BYRAPPA LAYOUT, NEAR RASHIDA MASJID, - 3 - NC: 2025:KHC:39133 MFA No. 7241 of 2025 HC-KAR GOVINDPURA, ARABIC COLLEGE, BENGALURU - 560 045 …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.14.02.2025 PASSED ON I.A.NO. 1 IN O.S.NO. 88/2025 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR, ISSUING NOTICE OF EX PARTE TEMPORARY INJUNCTION ON I.A.NO.1. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed against the exparte order of temporary injunction dated 14.02.2025 passed by the learned II Addl. Senior Civil Jude and JMFC., Kolar on IA No.1/2025 filed under Order XXXIX Rule 1 and 2 of CPC. It is submitted that the appellant has filed applications Under order 39 Rule 4 of CPC for discharge of order of Injunctions and Order 7 Rule 11 (a) and (d) R/w Section 151 of CPC for rejection of plaint. It is the grievance of the learned counsel for the appellant that the Trial Court has not passed any order but simply adjourning the applications. - 4 - NC: 2025:KHC:39133 MFA No. 7241 of 2025 HC-KAR Therefore, it is directed to the Trial Court to dispose of the above said two applications filed under Order 39 Rule 4 of CPC and Order 7 Rule 11 (a) and (d) R/w Section 151 of CPC as per law, within a period of four weeks from today. Therefore, the above appeal is disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE BH List No.: 1 Sl No.: 23
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Therefore, the above appeal is disposed of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — s. 151; Code of Civil Procedure, 1908 — O. 39 r. 4; O. XXXIX rr. 1, 2.
Precedent status how later indexed judgments have treated this case
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