Karnataka High CourtCivil Procedure and EvidenceCivil Law

Karnataka HC Dismisses Injunction Appeal As Infructuous After Parties Say Underlying Regular Appeal Was Disposed

SRI VENKATARAYAPPAv.SRI M OBANNA

Karnataka HC Dismisses Injunction Appeal As Infructuous After Parties Say Underlying Regular Appeal Was Disposed. SRI VENKATARAYAPPA vs SRI M OBANNA. Karnataka High Court. LawLens
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In brief

The question

1. Whether the miscellaneous first appeal remained for consideration after the underlying Regular Appeal had been disposed of

The court held

The Court dismissed the miscellaneous first appeal as infructuous.

It also directed

It also held that any pending interlocutory applications did not survive and had become insignificant.

01Facts

The appellant challenged an order dated 12 April 2022 by which the II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani, allowed an application under Order XXXIX Rules 1 and 2 CPC in Regular Appeal No. 98 of 2018.

pp. 6–7

The appeal to the High Court was filed under Order XLIII Rule 1 CPC. At the hearing, counsel informed the Court that the Regular Appeal had been disposed of.

pp. 6–7

02Issues

i.1. Whether the miscellaneous first appeal remained for consideration after the underlying Regular Appeal had been disposed of

p. 7

03Law Applied

The appeal was brought under Order XLIII Rule 1 CPC against an order granting interim relief under Order XXXIX Rules 1 and 2 CPC.

p. 6

The Court applied the procedural principle that an appeal concerning interim relief becomes infructuous when the underlying proceeding has been disposed of. No precedent was cited.

p. 7

04Reasoning

The appeal concerned an interim order made in the Regular Appeal.

p. 7

Since both sides’ counsel informed the Court that the Regular Appeal had been disposed of, the interim-order appeal no longer survived for consideration.

p. 7

05Holding

The Court dismissed the miscellaneous first appeal as infructuous.

p. 7

It also held that any pending interlocutory applications did not survive and had become insignificant.

p. 7
Karnataka High Court

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SRI VENKATARAYAPPAvsSRI M OBANNA

Karnataka High Court · October 15, 2026

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