Smt Usha R Rao vs Smt Chandrakala
2021 Latest Caselaw 611 Kant

                             1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 11TH DAY OF JANUARY, 2021

                           BEFORE

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

               M.F.A.NO. 894 OF 2016(CPC)

BETWEEN
SMT USHA R RAO
W/O SRI. RAVINDRA A. RAO
AGED ABOUT 63 YEARS
R/AT NO.G-2,GJ NEST-4
RMV II STAGE,
LOTTEGOLLAHALLI,
BANGALORE-94
                                               ...APPELLANT
(BY SRI.L.M. RAMAIAH GOWDA , ADVOCATE)

AND
SMT CHANDRAKALA
W/O V.NARAYANA SWAMY
AGED ABOUT 40 YEARS,
R/AT NO.12/43 THINDLU VILLAGE,
VIDYARANYA POST,YELAHANKA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560097
                                             ...RESPONDENT
(BY SRI. D.A. SHIVAKUMAR, ADVOCATE)

       THIS APPEAL IS FILED UNDER ORDER 43 RULE (1) (r) OF
THE CPC, AGAINST THE ORDER DATED: 19.12.2015 PASSED ON
I.A.NO. 1 & 2 IN O.S.NO. 2723/2014 ON THE FILE OF THE 42ND
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU,
DISMISSING THE I.A.NO.1 & ALLOWING THE I.A.NO. 2 FILED UNDER
ORDER 39 RULE 4 OF THE CPC.

     THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                                  2



                           JUDGMENT

This appeal by the plaintiff in O.S.No.2723/2014 is

directed against the impugned order dated 19.12.2015,

whereby the application I.A.1 filed by the plaintiff was

dismissed, while I.A.2 filed by the defendant was allowed by

the trial court.

2. Heard the learned counsel for petitioner, learned

counsel for respondent and perused the material on record.

3. After hearing the submissions made by learned

counsel on both sides, it is necessary to point out that on

21.04.2016, this Court passed the following interim order:-

"Issue emergent notice regarding admission to the respondent.

Meanwhile, the respondent-defendant in the Court below shall not interfere with the possession and enjoyment of the suit schedule property by the plaintiff- appellant herein pursuant to the order impugned dated 19.12.2015 passed in O.S.No.2723/2014".

4. The aforesaid interim order passed in this appeal has

remained in force from 21.04.2016 onwards till today and the

same has not been varied or modified by this Court

subsequently. Under these circumstances, without expressing

any opinion on the merits/demerits of the rival contentions, I

deem it fit and proper to dispose of this appeal with certain

directions.

5. In the result, I pass the following:-

ORDER

(i) Appeal is disposed of.

(ii) The trial court is directed to dispose of the suit on

merits without being influenced by the observations and

findings recorded by the trial court in the impugned order.

(iii) All rival contentions between the parties are kept

open and no opinion is expressed on the merits/demerits of

the same.

(iv) The trial court shall dispose of the suit as

expeditiously as possible and preferably within a period of six

months from the date of receipt of a copy of this order.

(v) Having regard to the fact that the aforesaid interim

order dated 21.04.2016 was in force till today, it is directed

that the said interim order shall continue to remain in force till

disposal of the suit by the trial court.

Sd/-

JUDGE

Srl.