Karnataka High Court
Sri Rajeevalochana R vs Smt R Honnamma Lakshmipathi on 5 January, 2022
Bench: Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
M. F. A. NO.2802 OF 2012 (CPC)
BETWEEN:
SRI. RAJEEVALOCHANA R
(WRONGLY SHOWN AS SRI.RAJEEV IN THE TRAIL COURT)
S/O J RAMANATHAIAH
AGED ABOUT 56 YEARS
NO.19/6-3, A STREET, 1ST MAIN,
KUVEMPUNAGAR (NEW GUDDADAHALLI)
MYSORE ROAD, BANGALORE-560026.
...APPELLANT
(BY SRI. ABHINAV R, ADVOCATE)
AND:
1. SMT. R HONNAMMA LAKSHMIPATHI
W/O LATE LAKSHMIPATHI
AGED ABOUT 44 YEARS,
R/A NO.10, AGR NIVAS, 4TH CROSS, AVALAHALLI,
BANGALORE-560026.
2. SRI T NAGARAJ
S/O THIMMAIAH
AGED ABOUT 60 YEARS,
R/A NO.6, 1ST CROSS, A STREET,
HOSAGUDDADAHALLI,
BANGALORE-560026.
2
3. SRI JAYARAM
S/O GOPAL
AGED ABOUT 44 YEARS
4. SRI SATHISH
AGED ABOUT 43 YEARS
RESPONDENTS 3 AND 4 ARE
R/A NO.26, A STREET,
OPP. HARSHITHA INDUSTRIES,
MULUKALLAMMA TEMPLE, HOSAGUDDADAHALLI,
BANGALORE-560026.
.....RESPONDENTS
(BY SRI. M S NAGARAJ, ADVOCATE FOR R-1
SRI. D.V. PAVAMANA, ADVOCATE FOR R-3 AND R-4
R-2 IS SERVED)
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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAINST THE ORDER DATED 21.2.2012 PASSED ON
IA NO.1 IN O.S.NO.5249/2011 ON THE FILE OF XLIV
ADDITIONAL CITY CIVIL & SESSIONS JUDGE,
BANGALORE, ALLOWING IA NO.1 FILED UNDER ORDER 39
RULE 1 & 2 CPC FOR T.I.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
3
JUDGMENT
The appellant being aggrieved by the order
dated 21.2.2012 on I.A.No.1 passed by the XLIV
Additional Civil and Sessions Judge, Bengaluru (CCH
45) has filed this appeal.
2. Brief facts leading rise to filing of this petition
are as under:
Respondent No.1 filed a suit in
O.S.No.5249/2011 against the appellant and other
respondents. In the said suit, respondent No.1 has
filed an application seeking for the relief of temporary
injunction restraining the appellant and other
respondents from interfering with the peaceful
possession and enjoyment of the suit schedule
property.
The Trial Court after hearing the parties allowed
the application filed by respondent No.1. The
appellant being aggrieved by the order dated
21.2.2012 filed this appeal.
3. Heard learned counsel for the parties and
perused the records.
4. This Court vide order dated 25.6.2012
directed both the parties to maintain status quo as to
the nature and possession of the suit property till the
disposal of the appeal and later on admitted the
appeal on 23.8.2016.
5. Learned counsel for respondent No.1 submits
that the appeal be disposed of in terms of the order
dated 25.6.2012 and also submits a direction be
issued to the trial court to dispose of suit as
expeditious as possible.
4. His submission is placed on record.
5. In view of the same, the appeal is disposed of
directing both the parties to maintain status quo as to
the nature and possession of the suit property till the
disposal of the suit. As the suit is of the year 2011,
the trial Court is directed to dispose of the suit as
expeditiously as possible.
Parties are directed to co-operate with trial court
for early disposal of suit.
SD/-
JUDGE
rs
