Sri.T.N.Thimmarajachar vs Sri.K.R.Sathyanarayana
2021 Latest Caselaw 295 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF JANUARY, 2021

                         BEFORE

      THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

               M.F.A.NO.1329 OF 2016(CPC)

BETWEEN

SRI.T.N.THIMMARAJACHAR
S/O. LATE NARASIMHACHAR,
AGED ABOUT 49 YEARS,
R/AT NO. 491, 14TH MAIN ROAD,
1ST CROSS, SBM COLONY,
SRINIVASANAGAR, BSK 1ST STATE,
BENGALURU-560 050.
                                            ...APPELLANT
(BY SRI. J.S.SOMASHEKHAR , ADVOCATE)

AND

1.     SRI.K.R.SATHYANARAYANA
       S/O. K.V. RAMASWAMY,
       AGED ABOUT 54 YEARS.

2.     SMT. K.S. DAKSHYAINI
       W/O. K.R. SATHYANARAYANA,
       AGED ABOUT 51 YEARS.

       BOTH ARE R/AT NO. 905/85,
       4TH MAIN ROAD, 5TH CROSS,
       VIDYARANYAPURAM,
       MYSORE-570 008.

3.     SRI. C.R. GOPALAKRISHNA
       S/O. RAMASHETTY,
       AGED ABOUT 58 YEARS,
       R/AT NO. 751, 5TH CROSS,
       2ND BLOCK, BSK 1ST STAGE,
       BENGALURU-560 050.
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4.    VISHWABHARATHI HOUSE BUILDING
      CO OPERATIVE SOCIETY LTD.,
      OFFICE AT NO. 35, RATHNAVILAS ROAD,
      BASAVANAGUDI,
      BENGALURU-560 004,
      REP. BY ITS SECRETARY.

                                                  ...RESPONDENTS
(BY SRI . B.S. SRINIVAS, ADVOCATE FOR
    SRI. B.L. SANJEEV, ADVOCATE FOR R-1 & R-2
    SRI. M.V. VEDAMURTHY, ADVOCATE FOR R-4)

      THIS APPEAL IS FILED UNDER ORDER 43 RULE 1 (r) OF CPC,
AGAINST THE ORDER DATED: 11.02.2016 PASSED ON IA NO.1 IN
O.S.NO. 374/2016 ON THE FILE OF THE LXVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BANGALORE CITY, REJECTING IA NO.1
FILED U/O 39 RULE 1 & 2 OF CPC.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

This appeal by the appellant-plaintiff in

O.S.No.374/2016 on the file of the LXVI Additional City Civil

and Sessions Judge, Bangalore City is preferred against the

impugned order dated 11.02.2016 passed by the trial Court

whereby the application, I.A.No.1 for Temporary Injunction

filed by the appellant-plaintiff was rejected by the trial Court.

2. I have heard learned counsel for the appellant

and learned counsel for the respondents and perused the

material on record.

3. On 31.03.2016, this Court passed the following

interim order:

"Heard learned Senior Counsel, Sri. V. Lakshminarayana, on behalf of appellant and learned Senior Counsel, Sri.D.N.Nanjunda Reddy on behalf of respondent No.4 - Society for some time.

List this matter for further arguments of learned Senior Counsel, Sri. Nanjunda Reddy and for arguments of learned Senior Counsel, Sri. Jayakumar S. Patil on 11.04.2016.

After hearing learned Senior Counsel for the parties, this Court feel that in the facts and circumstances of the case, it is just and necessary to order that no further construction shall be made on the suit schedule property until further orders to be passed in this appeal."

4. It is not in dispute that the said interim order

directing that no construction should be made on the suit

schedule properties until further orders has continued to

remain in force and is operating in both sides till today.

5. Under these circumstances, without expressing

any opinion on the merits/demerits, I deem it just and

appropriate to dispose of the appeal directing the trial Court to

dispose of the impugned suit on merits within a stipulated time

frame.

6. In the result, I pass the following:

ORDER

a) Appeal is hereby disposed of.

b) The trial Court shall dispose of the suit on

merits without being influenced by the

observations and findings recorded in the

impugned order.

c) All rival contentions of the parties are

hereby kept open.

d) The trial Court shall dispose of the suit

within a period of three months from the date of

receipt of certified copy of this order.

e) All parties are directed to co-operate with

the trial court for expeditious disposal of the suit.

f) It is further directed that till disposal of the

suit by the trial Court, the aforesaid interim order

dated 31.03.2016 directing no further

construction to be put up on the suit schedule

property shall continue to remain in force.

g) Registry to send back the TCR forthwith.

h) Both counsel submit that the next date of

hearing before the trial Court is 28.01.2021.

i) Both sides are at liberty to get the matter

advanced/preponed to any other date with the

consent of the other side so as to enable the

trial Court to comply with this order.

Sd/-

JUDGE

Mds.