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The Indian Penal Code, 1860
The Code Of Civil Procedure (Amendment) Act, 1956

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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