Smt G R Padmashree vs Sri M Huchappa
2022 Latest Caselaw 5593 Kant

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   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF MARCH 2022

                              BEFORE


 THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

                  M.F.A.No.2830/2022 (CPC)
BETWEEN:

Smt.G.R.Padmashree,
W/o Sitaram,
Aged about 53 years,
R/at: # 2039, 8th Main,
3rd cross, Judicial Layout,
Yelahanka New Town,
Bengaluru-560064.
                                        ....     APPELLANT
(By Sri H.L.Pradeep Kumar, Advocate)

AND :

Sri M.Huchappa,
S/o Late Mariappa,
Aged about 52 years,
Maharasthra Street,
Adepete Town,
Nelamangala Town,
Bengaluru- 562 123.

                                          ... RESPONDENT

       This MFA filed under Order 43 Rule 1(r) of CPC against
the order dated 14.03.2022 passed in O.S.No.1389/2022 on
the file of the VIII Addl.City Civil and Sessions Judge (CCH-
15), Bengaluru not granting temporary injunction filed under
Order XXXIX Rule 1 and 2 read with Section 151 of CPC.
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      This Appeal coming on for admission this day, the
Court delivered the following:


                          JUDGMENT

Heard the appellant's counsel.

2. This appeal is filed by the plaintiff questioning the

order dated 14.03.2022. The impugned order shows that the

trial Court has not yet decided the application for temporary

injunction. In fact, what is forthcoming is that when the

plaintiff moved the trial Court for ad-interim order of

temporary injunction, the Court opined that there was no

case for granting ex-parte injunction and therefore, ordered

for issuance of notice to the defendant. The appellant being

the plaintiff was supposed to pay the process fee, but the

appellant got the case advanced to insist on an ex-parte

order being passed. The Court below did not entertain the

plaintiff's request. Hence, this appeal.

3. In the above circumstances, it is clear that

application for temporary injunction is not yet decided.

Appeal is premature. Hence, appeal is not maintainable and it

is dismissed.

Sd/-

JUDGE

DKB