2023-05-08 13:29:26
2022(1) Kar. L.J. 51
IN THE HIGH COURT OF KARNATAKA
AT KALABURAGI BENCHSHANTINATH
Versus
IRANNA AND OTHERS
CODE OF CIVIL PROCEDURE, 1908, Section 104(1)(i), Order XLIII, Rule 1(r) - Appeal from orders - Suit for relief of partition and separate possession - Maintainability of petition - Issue whether an appeal would lie under Order XLIII, Rule 1(r) against an order passed rejecting the interlocutory application filed under Order XXXIX, Rule 2-A- Answering the issue in affirmative, the Court, held - A conjoint reading of Section 104(1)(i) with Order XLIII, Rule 1(r) would show thatan order of rejection of application, which application made under Order XXXIX, Rule 2-A would also be an order made under Order XXXIX, Rule 2-A- As such, would lie against the said order under Order XLIII, Rule 1(r) - Therefore, present appeal is maintainable under Order XLIII, Rule 1(r) of the CPC - Accordingly, there is no infirmity, illegality or error in the impugned order dated 11-6-2015 passed by the Trial Court, wherein interlocutory application bearing L.A. No. XVIII, filed under Order XXXIX, Rule 2-A was rejected. (paras 1, 2, 5, 8, 11, 12, 13 and 18)
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