Karnataka High Court
Sri. G. Gopalakrishna Setty vs Smt. F. Nasreen on 1 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:26723
MFA No. 1091 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1091 OF 2019 (CPC)
BETWEEN:
SRI. G. GOPALAKRISHNA SETTY
AGED ABOUT 72 YEARS
S/O. LATE T. P. GOVIND RAJ SETTY
R/AT NO. 16, S. K. LINE
SHILPA BADRINATH BUILDING
OPPOSITE TO BIKE ZONE, CHIKKA MAVALLI
BENGALURU-560 004.
...APPELLANT
(BY SRI. CHANDRASHEKARA REDDY R A.,ADVOCATE)
AND:
SMT. F. NASREEN
W/O. M. MUJEEBUR RAHMAN
AGED ABOUT 34 YEARS
Digitally signed R/AT NO. 13/1, MOODALAPPA CROSS
by DODDA MAVALLI
DHANALAKSHMI
MURTHY BENGALURU-560 004.
Location: High ...RESPONDENT
Court of
Karnataka (BY SRI. S SATHYARTHY., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DT.18.12.2018 PASSED ON IA NO.1
IN O.S.NO.25931/2018 ON THE FILE OF THE LXXII
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU
(CCH-73), ALLOWING IA NO.1 FILED U/O.39 RULE 1&2 R/W
SEC.151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:26723
MFA No. 1091 of 2019
JUDGMENT
1. This appeal under Order XLIII Rule 1(r) of CPC is
filed by the defendant in O.S.No.25931/2018, challenging
the order dated 18.12.2018 passed by the LXXII Additional
City Civil and Sessions Judge at Mayo Hall, Bengaluru on
I.A.1 whereby the trial Court has allowed the said
application filed by the plaintiff under XXXIX Rules 1 and 2
of CPC.
2. For the sake of the convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The case of the plaintiff is that she is the owner of
the suit schedule property as she has purchased the same
from its erstwhile owner. The defendant is carrying on an
unauthorized construction abutting to her wall, which is
endangering to her life and danger to her entire family and
property. Hence, she has filed the suit for mandatory
injunction.
4. Along with the plaint, she has filed I.A.1 under XXXIX
Rules 1 and 2 of CPC seeking to grant an ad-interim order
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MFA No. 1091 of 2019
of Temporary Injunction against the defendant from
carrying out any further constructions towards eastern
side of her property.
5. After hearing both the parties, the trial Court has
allowed the said application filed under Order XXXIX Rules
1 and 2 of CPC by impugned order dated 18.12.2018
restraining the defendant from carrying out any
constructional work towards the Eastern side of her
property, that to within an area of 1 meter from the
external wall said to be belonged to the plaintiff, till
disposal of the suit. Being aggrieved by the same, the
defendant / appellant is before this Court in this appeal.
6. During the pendency of this appeal, he has not
obtained any interim order. The suit is now set down for
evidence of the parties.
7. Under these circumstances and in the interest of
justice, the only relief that can be granted by this Court is
to direct the trial Court to dispose of the suit in
O.S.No.25931/2018 as expeditiously as possible.
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MFA No. 1091 of 2019
8. Accordingly, the appeal is disposed of.
9. The trial Court is directed to dispose of the suit in
O.S.No.25931/2018 in accordance with law, as
expeditiously as possible, but not later than one year from
the date of receipt of certified copy of this order.
10. It is made clear that the trial Court has to dispose of
the suit on merits, in accordance with law without
influencing any observations made in the impugned order.
11. The parties are directed to co-operate for early
disposal of the suit.
12. In view of disposal of the main appeal, all pending
applications do not survive for consideration. Hence, the
same are also disposed of.
Sd/-
JUDGE
HA
