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