Karnataka High Court
Smt. Leela vs Sri. B. S. Manjunatha on 4 August, 2023
Bench: H T Prasad
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MFA No. 2102 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 2102 OF 2023 (CPC)
BETWEEN:
SMT. LEELA
AGED ABOUT 41 YEARS
W/O. SIDDAGANGAPPA. R
RESIDING AT NO. 102
SRIRAMA SANNIDHI
1ST MAIN ROAD, 4TH CROSS ROAD
REMKO BHEL LAYOUT, BEML LAYOUT
RAJARAJESHWARI NAGAR
BENGALURU-560 098.
...APPELLANT
(BY SRI. NAGARAJ S JAIN., ADVOCATE)
AND:
SRI. B. S. MANJUNATHA
AGED ABOUT 61 YEARS
Digitally signed S/O. LATE B. K. SRIKANTAIAH
by RESIDING AT NO. 282/A
DHANALAKSHMI 2ND A MAIN RAOD
MURTHY GIRINAGAR I PHASE
Location: High BENGALURU-560 085.
Court of
Karnataka ...RESPONDENT
(BY SRI. KAMALESHWARA POOJARY., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 04.03.2023 PASSED ON I.A.NO.1 AND 2 IN
OS.NO.7897/2022 ON THE FILE OF THE XVI ADDITIONAL CITY
CIVIL JUDGE, CCH-12 BENGALURU WHICH IS FILED UNDER
ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
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MFA No. 2102 of 2023
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Order XLIII Rule 1(r) read with
Section 151 of CPC is filed by the plaintiff in
O.S.No.7897/2022 challenging the impugned order dated
04.03.2023 passed by the XVI Additional City Civil and
Sessions Judge, Bengaluru.
2. For the sake of the convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiff has filed the suit for permanent
injunction. Along with the plaint, he has filed I.A.No.1
under Order XXXIX Rules 1 and 2 of CPC seeking to pass
an ad-interim order of ex-parte temporary injunction
restraining the defendant from interfering with the suit
schedule property, pending disposal of the suit. The
defendant has also filed I.A.2 under Order XXXIX Rules 1
and 2 of CPC. The trial Court after hearing the parties,
has passed an order that the said I.A.Nos.1 and 2 filed by
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MFA No. 2102 of 2023
the plaintiff and defendant shall be decided along with the
main suit and parties were directed to maintain status-
quo, till disposal of the suit. Being aggrieved by non
consideration of I.A.1 by the trial Court, the plaintiff is
before this Court in this appeal.
4. Though the trial Court heard the submissions of the
parties on I.A.Nos.1 and 2, but it has not passed any order
on the said I.As.
5. Under this circumstance, the only relief that can be
granted by this Court is to direct the trial Court to dispose
of I.A.Nos.1 and 2 and the interim direction passed by the
trial Court directing the parties to maintain status-quo
shall be continued, till the disposal of the applications.
6. Accordingly, the appeal is disposed of.
7. The trial Court is directed to dispose of I.A.Nos.1 and
2 filed by the plaintiff and defendant under Order XXXIX
Rules 1 and 2 of CPC in O.S.No.7897/2022, in accordance
with law, within a period of two months from the date of
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MFA No. 2102 of 2023
receipt of copy of this order and the interim direction
passed by the trial Court directing the parties to maintain
status-quo shall be continued till disposal of the said
applications.
8. 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
