Mobile View
Main Search Advanced Search Disclaimer
Cites 2 docs
The Indian Penal Code
The Code Of Civil Procedure (Amendment) Act, 1956

View the actual judgment from court
User Queries
Karnataka High Court
Sujatha Chittiappa vs Gayathri Chittiappa on 18 June, 2012
Author: H.G.Ramesh
                          - 1-
                                      M.F.A.No.5236/2012


 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 18TH DAY OF JUNE 2012

                         BEFORE

        THE HON'BLE MR. JUSTICE H.G.RAMESH

                  M.F.A. No.5236/2012

BETWEEN:

SUJATHA CHITTIAPPA
W/O LATE M HARISH CHITTIAPPA
"TRUPTI",
122/2, VARTHUR ROAD
NAGAVARPALYA
BANGALORE-560 093                      ... APPELLANT

     (BY SRI MADHU K. SWAMY FOR
          M/S. JAYARAM & JAYARAM, ADVOCATES)

AND :

GAYATHRI CHITTIAPPA
D/O LATE HARISH CHITTIAPPA
R/AT FLAT No.4, No.36
PARLIAMENT STREET
LIVERPOOL L8 ITE
UNITED KINGDOM
REPRESENTED BY
DR.CAUVERY BOPAIAH
155, SURYAMUKHI
GARDEN APARTMENTS
NO.21, VITTAL MALLYA ROAD
BANGALORE-560 001                      ...RESPONDENT

   THIS MFA IS FILED U/S 43 RULE 1(r) R/W SEC. 151 OF CPC
PRAYING TO SET ASIDE THE ORDER DTD. 21.05.2012 PASSED BY
THE XXVIII ADDL. CITY CIVIL JUDGE, MAYO HALL UNIT, IN O.S.
                            - 2-
                                           M.F.A.No.5236/2012

NO.25391/2008, REJECTING THE APPELLANT'S APPLICATION
(I.A.NO.5) UNDER SECTION 151 OF THE CODE OF CIVIL
PROCEDURE FOR PERMISSION TO EFFECT SALE OF THE SUIT
SCHEDULE II PROPERTY; GRANT PERMISSION TO THE
APPELLANT TO SELL THE SUIT SCHEDULE II PROPERTY; GRANT
SUCH OTHER RELIEFS AS THIS HON'BLE COURT MAY DEEM FIT.

     THIS MFA COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                     JUDGMENT

H.G. RAMESH, J. (Oral) :

Heard. The objection raised by the Registry is upheld. The impugned order is passed by the trial Court in exercise of the power under Sec.151 of the Code of Civil Procedure. Hence, no appeal would lie under Order 43 Rule 1 (r) of the Code of Civil Procedure against the said order. The appeal is dismissed as not maintainable. In view of dismissal of the appeal,I.A. No.1/2012 filed for grant of interim stay also stands dismissed. However, the appellant is at liberty to challenge the order impugned herein in accordance with law by filing an appropriate proceeding. Registry to return the documents

- 3-

M.F.A.No.5236/2012 produced, to the learned counsel for the appellant forthwith.

Appeal dismissed.

Sd/-

JUDGE BNS