Karnataka High Court
Sri. Krishne Gowda vs Sri. T.K.Nagaraju on 7 January, 2021
Author: S R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.32953 OF 2015(GM-CPC)
BETWEEN:
SRI. KRISHNE GOWDA
SON OF LATE BETTASWAMY
AGED ABOUT 39 YEARS
RESIDING AT THIPPANAYAKANAHALLI VILLAGE
HUTHRIDURGA HOBLI
KUNIGAL TALUK 572 130
...PETITIONER
(BY SRI. M.G.S. KAMAL, ADV.)
AND:
1. SRI. T.K.NAGARAJU
SON OF KALABORIAH
AGED ABOUT 37 YEARS.
2. SMT S HUCHAMMA
WIFE OF LATE VEERANNA
AGED ABOUT 60 YEARS
BOTH ARE RESIDING AT
THIPPANAYAKANAHALLI VILLAGE
HUTHRIDURGA HOBLI
KUNIGAL TALUK 572130.
...RESPONDENTS
(BY SRI. C.P. DHANANJAYA, ADV. FOR R-1
NOTICE TO R-2 DISPENSED WITH V/O/D: 23.11.2015)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS IN O.S.NO. 208 OF 2012 BEFORE THE JUNIOR CIVIL
JUDGE AT KUNIGAL AND AFTER GOING THROUGH THE
LEGALITY, PROPERTY AND OTHERWISE OFHTE SAME SET
ASIDE THE JUDGMENT AND ORDER DATED: 28.04.2015 PASSED
BY THE SENIOR CIVIL JUDGE AND JMFC KUNIGAL IN M.A.NO. 14
OF 2013 VIDE ANNEXURE-A HEREIABOVE AND ETC.
THIS W.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
2
ORDER
The plaintiff in O.S.No.208/2012 has preferred this
petition aggrieved by the impugned order at Annexure-A
dated 28.04.2015 passed by the First Appellate Court in
miscellaneous appeal No.14/2013 whereby the appeal
preferred by the respondent No.1 under Order 43 Rule 1 of
CPC was allowed thereby setting aside the order of the trial
Court on I.A.No.1 dated 12.06.2013 granting Temporary
Injunction in favour of respondent No.1-plaintiff.
2. Heard learned counsel for the petitioner and
learned counsel for respondent No.1 and perused the
material on record.
3. The material on record indicates that in the first
instance, the trial Court vide aforesaid order dated
12.06.2013 passed in suit was pleased to allow the
application for Temporary Injunction filed by the petitioner-
plaintiff. Aggrieved by the same, respondent No.1 herein
who is arrayed as defendant No.1 in the suit preferred the
aforesaid appeal in M.A.No.14/2013 before the first
appellate Court and the same was allowed by the
impugned order.
4. A perusal of the order sheet maintained by this
Court in this petition will indicate that the petitioner has not
had the benefit of any interim order during the pendency of
this petition from the date of the impugned order till today.
Under these circumstances, without expressing any opinion
on the merits/demerits of the rival contentions, I deem it fit
and proper to dispose of the petition subject to the following
directions.
5. In the result, I pass the following:
ORDER
i) Petition is disposed of.
ii) The trial Court is directed to dispose of
the suit without being influenced by the
order dated 12.06.2013 passed on
I.A.No.1 or impugned order dated
28.04.2015 passed by the First
Appellate Court in M.A.No.14/2013.
iii) All rival contentions between the parties
are kept open and no opinion is
expressed on the same.
iv) Having regard to the fact that the suit is
of the year 2012, trial Court shall
endeavour to dispose of the suit as
expeditiously as possible.
Sd/-
JUDGE
Mds.
