Little Champs vs Rushi Educational Trust
2022 Latest Caselaw 7695 Kant

                            1

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 30TH DAY OF MAY, 2022

                         BEFORE

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

               M.F.A.NO.4402 OF 2019 (IPR)
BETWEEN
LITTLE CHAMPS
GURUKULAM TRUST,
HAVING ITS REGISTERED
OFFICE AT 619/1, CHURCH ROAD,
P.J. EXTENSION,
DAVANAGERE - 577 005
REPRESENTED BY ITS PRESIDENT.

                                              ...APPELLANT
(BY SRI. K.SANATH KUMAR SHETTY, ADVOCATE)

AND

RUSHI EDUCATIONAL TRUST,
HAVING ITS REGISTERED
OFFICE AT NO.2697/69,
S.S.LAYOUT, OPP:CHURCH
DAVANGERE - 577 005.
REPRESENTED BY ITS PRESIDENT.

                                             ...RESPONDENT
(BY SMT.NIDHI M. PATIL, ADVOCATE FOR
    SRI.M.L.BALARAM, ADVOCATE)

      THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 20.04.2019 PASSED ON IA NO.1 IN
O.S.NO.1/19 ON THE FILE OF THE I ADDITIONAL DISTRICT &
SESSIONS JUDGE, DAVANAGERE, REJECTING IA FILED U/O.39
RULE 1 & 2 OF CPC.

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




                            JUDGMENT

This appeal by the unsuccessful plaintiff in

O.S.No.1/2019 on the file of the I Additional District & Sessions

Judge, Davanagere, is directed against the impugned order on

I.A.No.1 dated 20.04.2019, whereby the said application filed by the

appellant-plaintiff under Order XXXIX Rule 1 & 2 of CPC was

ultimately dismissed by the trial court.

2. Heard learned counsel for the appellant and learned

counsel for the respondent and perused the material on record.

3. Though several contentions having been urged by

both sides in support of their respective claims, having regard to the

undisputed fact that the relief sought for in the suit filed by the

appellant-plaintiff and the relief sought for in the application-

I.A.No.1 filed by the appellant-plaintiff are one and the same i.e.,

injunction (permanent/temporary), without expressing any opinion

on the merits/demerits of the rival contentions and leaving open all

the contentions urged by the parties to be decided by the trial Court

after a full-fledged trial, I deem it just and appropriate to dispose of

this appeal without interfering with the impugned order and by

directing the trial Court to dispose of the suit on merits as

expeditiously as possible and at any rate on or before 17.12.2022

without being influenced by the findings/ observations recorded in

the impugned order.

All rival contentions are kept open and no opinion is

expressed on the same.

SD/-

JUDGE

DS