Karnataka High Court
Smt S Savithri vs Smt N Nagarathnamma on 4 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:27380
MFA No. 1582 of 2019
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. 1582 OF 2019 (CPC)
BETWEEN:
SMT S SAVITHRI
W/O CHENNABASAPPA
AGED ABOUT 61 YEARS
R/AT NO.34 1ST CROSS
NAGARABHAVI 2ND STAGE
BANGALORE-560072.
...APPELLANT
(BY SRI. RAVISHANKAR S.,ADVOCATE)
AND:
SMT N NAGARATHNAMMA
W/O M KRISHNAPPA
AGED ABOUT 66 YEARS
Digitally signed R/AT NO.1393 5TH CROSS
by KRISHNAMURTHY PURAM
DHANALAKSHMI
MURTHY MYSORE TOWN MYSORE
Location: High ...RESPONDENT
Court of
Karnataka (BY SRI.BHARATH KUMAR V., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED:18.01.2019 PASSED ON IA
NO.1 IN O.S.NO.5652/2018 ON THE FILE OF THE LXXII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL
UNIT, BENGALURU (CCH-74), REJECTING IA NO. FILED U/O.39
RULE 1&2 R/W SEC.151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:27380
MFA No. 1582 of 2019
JUDGMENT
1. This appeal under Order 43 Rule 1(r) of the CPC is
filed by the plaintiff in O.S.No.5652/2018 before the
LXXIII Addl. City Civil and Sessions Judge, Mayohall Unit,
Bangalore, challenging the order dated 18.1.2019 passed
on I.A. 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 before the Trial Court
seeking for the relief of permanent injunction. Along with
the suit, the plaintiff filed I.A. under Order 39 Rules 1 and
2 of CPC seeking an ad-interim order of temporary
injunction. On service of suit summons, defendant
appeared through counsel and filed written statement.
After hearing the parties, the Trial Court by impugned
order dated 18.1.2019 dismissed I.A. filed by the plaintiff
NC: 2023:KHC:27380
MFA No. 1582 of 2019
and vacated the exparte interim order. Being aggrieved by
the same, the plaintiff has filed this appeal.
4. Heard the learned counsel appearing for the parties.
Perused the impugned order.
5. This Court by order dated 10.6.2019 had directed
the parties to maintain status-quo with regard to vacant
nature of the property. The said interim order is
operating till today.
6. It is submitted that the suit is now set down for
arguments. Under the circumstances and in the interest
of justice, the only direction that can be issued at this
stage is to direct the Trial Court to dispose of the suit as
expeditiously as possible and to continue the interim
order granted by this court till the disposal of the suit.
7. Hence, I pass the following order:
a) The appeal is disposed of.
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MFA No. 1582 of 2019
b) The Trial Court is directed to dispose of the suit
as expeditiously as possible.
c) The interim order granted by this Court on
10.6.2019 shall continue till the disposal of the
suit.
d) 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
