Karnataka High Court
Sri K Nagaraj vs Sri C Nataraj on 3 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:27195
MFA No. 2648 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 2648 OF 2016 (CPC)
BETWEEN:
1. SRI K NAGARAJ
S/O LATE KALEGOWDA
SINCE DEAD BY HIS LR'S
1(a) SMT. S.J. RAJESHWARI
W/O LATE K NAGARAJ
AGED ABOUT 65 YEARS
1(b) K N SATHISH
S/O K NAGARAJ
AGED ABOUT 45 YEARS
1(c) K N MAHESH
Digitally signed
by S/O K NAGARAJ
DHANALAKSHMI AGED ABOUT 40 YEARS
MURTHY
Location: High
Court of 1(d) SHEELA
Karnataka W/O LATE GIRISH
DAUGHTER IN LAW OF
LATE K NAGARAJ
AGEDA ABOUT 29 YEARS
ALL ARE RESIDING ATI No.33
13TH MAIN ROAD, NAZARBAD MOHALA
RAGHAVENDRA NAGARA
T NARASIPURA ROAD
MYSURU-12.
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MFA No. 2648 of 2016
...APPELLANTS
(BY SRI. A NAGARAJAPPA .,ADVOCATE)
AND:
1. SRI C NATARAJ
S/O LATE B DEVARAJ
AGED ABOUT 46 YEARS
R/AT NO 3548, II FLOOR
SIDDANNA LANE, CUBBENPETE
BANGALORE - 560002.
2. SMT SHRIDEVI
W/O C NATARAJ
AGED ABOTU 41 YEARS
R/AT NO 3548, II FLOOR
SIDDANNA LANE, CUBBENPETE
BANGALORE - 560002.
...RESPONDENTS
(NOTICE TO R1 & R2 ARE SERVED
AND UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAINST THE ORDER DATED:25.02.2016 PASSED
ON I.A.NO.1 IN O.S.NO.4241/2015 ON THE FILE OF THE
XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DISMISSING I.A.NO.I FILED U/O 39 RULE 1
& 2 R/ SEC.151 OF CPC FOR T.I.
THIS APPEAL, COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:27195
MFA No. 2648 of 2016
JUDGMENT
1. This appeal under Order 43 Rule 1(r) of the CPC is
filed by the plaintiff in O.S.No.4241/2015 before the XII
Addl. City Civil Judge, Bangalore, challenging the order
dated 25.2.2016 passed on I.A.No.1 filed under Order 39
Rules 1 and 2 read with Section 151 of CPC, whereby the
Trial Court has dismissed I.A.No.1 filed by the plaintiff.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court.
3. The plaintiff filed the suit in O.S.No.4241/2015
before the Trial Court seeking for relief of permanent
injunction. Along with the suit, the plaintiff filed I.A.No.1
under Order 39 Rules 1 and 2 of CPC seeking for an order
of temporary injunction. On service of suit summons,
defendants appeared through counsel and filed written
statement. After hearing the parties, the Trial Court by
impugned order dated 25.2.2016 dismissed I.A.No.1 filed
by the plaintiff. Being aggrieved by the same, the plaintiff
has filed this appeal.
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MFA No. 2648 of 2016
4. Heard the learned counsel appearing for the
appellant. Respondent is served and unrepresented.
5. It is submitted that the suit is now set down for
evidence. Under the circumstances and in the interest of
justice, I am of the opinion that the Trial Court may be
directed to dispose of the suit as expeditiously as possible
and to direct the parties to maintain status-quo in respect
of the suit schedule property till the disposal of the suit.
6. Hence, I pass the following the order:
a) The appeal is allowed-in-part.
b) The impugned order dated 25.2.2016 passed by
the trial court on I.A.No.1 filed under Order 39
Rules 1 and 2 of CPC in O.S.No.4241/2015, is
modified.
c) Parties are directed to maintain status-quo in
respect of the suit schedule property till the
disposal of the suit.
d) The Trial Court is directed to dispose of the suit
in accordance with law as expeditiously as
possible.
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MFA No. 2648 of 2016
e) Parties are directed to co-operate for the early
disposal of the suit.
In view of disposal of the appeal, all pending I.As., if
any, are dismissed accordingly.
Sd/-
JUDGE
DM
