Sri R. Balasubramaniam vs M/S. Devagiri Promoters And ...
2023 Latest Caselaw 5181 Kant

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                                                NC: 2023:KHC:27043
                                                  MFA No. 4211 of 2013




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 2ND DAY OF AUGUST, 2023

                                       BEFORE
                  THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                MISCELLANEOUS FIRST APPEAL NO. 4211 OF 2013 (CPC)
               BETWEEN:

               SRI R. BALASUBRAMANIAM
               AGE: 47 YEARS
               S/O SRI S RAMASWAMI
               R/AT NO. 391, "ZEENATH"
               2ND FLOOR, 18TH MAIN
               6TH BLOCK, KORAMANGALA
               BANGALORE-560095
                                                           ...APPELLANT
               (BY SRI. K SREEDHAR, ADVOCATE)

               AND:

                 M/S. DEVAGIRI PROMOTERS AND BUILDERS
                 NO.16, 34TH CROSS
                 11TH MAIN, 4TH T BLOCK
Digitally signed JAYANAGAR, BANGALORE-560041
by               REP BY ITS OWNER
DHANALAKSHMI SRI P V GOVINDACHARYULU.
MURTHY                                                    ...RESPONDENT
Location: High
Court of         (BY SRI. PRINCE ISAC, ADVOCATE)
Karnataka
                      THIS MFA IS FILED UNDER ORDER 43, RULE 1(R) OF
                 CPC, AGAINST THE ORDER DATED:25.4.2013 PASSED ON
                 I.A.NO.I IN O.S.NO.1542/2013 ON THE FILE OF THE 39TH
                 ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE,
                 DISMISSING IA NO.I FILED U/O 39, RULES 1 & 2, R/W SEC
                 151 OF CPC.

                    THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
               THE COURT DELIVERED THE FOLLOWING:
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                                        NC: 2023:KHC:27043
                                          MFA No. 4211 of 2013




                            JUDGMENT

This appeal is filed under Order 43 Rule 1(R) of CPC,

challenging the order dated 25.04.2013 passed by the 39th

Additional City Civil and Sessions Judge, Bangalore

dismissing IA No.1 filed under Order 39 Rules 1 and 2 of

CPC in O.S.No.1542/2013.

2. For the sake of convenience, parties are referred

to as per their ranking before the trial court.

3. The plaintiff filed a suit in O.S.No.1542/2013.

Along with the plaint, he filed an application under Order

39 Rules 1 and 2 of CPC. The trial court, after hearing the

parties, dismissed the said application. Being aggrieved

by the same, the plaintiff is before this Court.

4. This Court, by order dated 07.11.2013 granted

temporary injunction against the defendant. That order is

operating till today.

5. Under this circumstance, the only relief that can

be granted in this appeal is to direct the trial court to

dispose of the suit expeditiously and to continue the

NC: 2023:KHC:27043 MFA No. 4211 of 2013

interim order granted by this Court till the disposal of the

suit.

6. Accordingly, I pass the following order:

(i) The appeal is disposed of directing the

trial court to dispose of the suit as expeditiously

as possible, not later than one year from the

date of receipt of a copy of this order.

(ii) The interim order granted by this

Court on 07.11.2013 shall be continued till the

disposal of the suit.

(iii) The parties are directed to co-

operate for speedy disposal of the suit.

Sd/-

JUDGE

CM