Baswaraj S/O Late Trimbakrao ... vs Laxmibai W/O Late Trimbakrao ...
2021 Latest Caselaw 3453 Kant

                          1




         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

     DATED THIS THE 18TH DAY OF OCTOBER, 2021

                      BEFORE

       THE HON'BLE MR.JUSTICE M.G.S.KAMAL

            MFA No.200475/2017 (CPC)

BETWEEN

SRI BASWARAJ
S/O LATE TRIMBAKRAO DESHMUKH
AGE: 63 YEARS, OCC: AGRICULTURE
R/O DESHMUKH GALLI
TQ: AURAD-B, DIST: BIDAR
                                         ...APPELLANT

(BY SRI RAVI B. PATIL, ADVOCATE)

AND

1.    LAXMIBAI W/O LATE TRIMBAKRAO DESHMUKH
      AGE 82 YEARS, OCC: HOUSEHOLD

2.    KALYANRAO S/O LATE TRIMBAKRAO DESHMUKH
      AGE: 42 YEARS, OCC: AGRICULTURE

3.    ASHWINI W/O LATE AMBRUTHRAO
      AGE: 39 YEARS, OCC: HOUSEHOLD

4.    AMEETHKUMAR S/O LATE AMBRUTHRAO
      AGE 16 YEARS MINOR, OCC: STUDENT

5.    AKHEELESH S/O LATE AMBRUTHRAO
      AGE 14 YEARS MINOR, OCC: STUDENT
                              2




      ALL ARE R/O DESHMUKH GALLI
      TQ: AURAD-B, DIST: BIDAR

      R4 AND R5 ARE UNDER THE CARE
      AND GUARDIANSHIP OF THEIR NATURAL
      MOTHER SMT ASHWINI W/O LATE AMBRUTHRAO
                                   ...RESPONDENTS

(R3 SERVED; R4 & R5 ARE MINORS R/BY R3)

   THIS MFA IS FILED U/S. 43(1)(r) OF CPC, PRAYING
THAT THIS HON BLE COURT MAY BE PLEASED TO CALL
FOR THE RECORDS IN O.S.NO.130/2015 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC AURAD -B AND SET
ASIDE THE IMPUNGED ORDER DATED 08.02.2017 PASSED
BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT
AURAD-B ON I.A.6 UNDER ORDER XXXIX RULE 1 AND 2
AND 151 OF CPC, AND CONSEQUENTLY ALLOW THE
PRESENT APPEAL AND ALLOW THE APPLICATION OF THE
APPELLANT IN ENTIRETY.

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

                        JUDGMENT

Heard the learned counsel for the appellant.

2. The present appeal is filed against the order

dated 08.02.2017 passed on I.A.6 filed under Order 39

Rules 1 and 2 of CPC in O.S.No.130/2015. By the said

application, the plaintiff/appellant had sought for an order

of temporary injunction restraining defendant Nos.2 and 3

from putting up any sort of temporary or permanent

structure over the suit land in Survey Nos.84 and 85

situated at Aurad-B till final disposal of the suit. The said

application came to be dismissed by the impugned order.

Aggrieved by the same, the plaintiff/appellant is before

this Court.

3. It is noticed that the impugned order has been

passed on 08.02.2017 and the matter is still at the stage

of service of notice. The learned counsel for the appellant

submits that construction on the scheduled property is

completed and the present appeal therefore has rendered

infructuous.

4. Taking note of the said submission and

keeping open all the contentions, the appeal is disposed off

as having become infructuous.

Sd/-

JUDGE Srt