Karnataka High Court
Shri M A S Subramanyam vs Mr. Anantharam Reddy on 18 August, 2023
Bench: H T Prasad
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NC: 2023:KHC:29379
MFA No. 4748 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 4748 OF 2021(CPC)
BETWEEN:
SHRI M A S SUBRAMANYAM
S/O DR MOHAN RAO
AGED ABOUT 39 YEARS
R/A NO 100, GOVINDAPPA ROAD
BASAVANAGUDI, BANGALORE 560004
REPRESENTED BY GPA HOLDER
SHRI N RAMAKRISHNA BHAT
S/O SHRI K GANAPATHI BHAT
AGED ABOUT 64 YEARS
R/A NO 8, SAI SMARAN
17TH CROSS, J P NAGAR
6TH PHASE, BANGALORE 560078.
...APPELLANT
(BY SRI. S Y KUMBAR., ADVOCATE)
Digitally signed AND:
by
DHANALAKSHMI
MURTHY 1. MR. ANANTHARAM REDDY
Location: High AGED ABOUT 76 YEARS
Court of S/O LATE SHRI CHINNAPPA REDDY
Karnataka
2. MR MANJUNATH REDDY
AGED ABOUT 44 YEARS
S/O MR ANANTHARAM REDDY
BOTH ARE R/AT SOMASUNDARA PLAYA
AGARA POST, BEGUR HOBLI
BANGALORE 560034.
...RESPONDENTS
(BY SRI.G. MANIVANNAN., ADVOCATE FOR R1 & R2)
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NC: 2023:KHC:29379
MFA No. 4748 of 2021
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED:31.08.2021 IN
O.S.NO. 4212/2021 ON THE FILE OF THE XXXIX ADDTIIONAL
CITY CIVIL JUDGE (CCH 40) AT BENGALORE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Order 43 Rule 1(r) of CPC is
filed by the plaintiff in O.S.No.4212/2021 before the
XXXIV Addl. City Civil Judge, Bangalore, challenging the
order dated 31.8.2021 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.
1. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court.
2. The plaintiff filed the suit before the Trial Court for
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 restraining the
defendants, their men, agents authorities etc. from
NC: 2023:KHC:29379
MFA No. 4748 of 2021
interfering with the plaintiff's peaceful possession and
enjoyment over the suit schedule property, till the disposal
of the suit. The Trial Court had granted an interim order
on 12.8.2021. On service of suit summons, defendants
appeared through counsel and filed written statement.
After hearing the parties, the Trial Court by impugned
order dated 31.8.2021 dismissed I.A.No.1 filed by the
plaintiff and vacated the interim order granted on
12.8.2021. Being aggrieved by the same, the plaintiff has
filed this appeal.
3. Heard the learned counsel appearing for the parties.
Perused the impugned order.
4. The suit is now set down for evidence. 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.
5. Hence, I pass the following order:
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MFA No. 4748 of 2021
ORDER
a) The appeal is disposed of.
b) The Trial Court is directed to dispose of the suit
in accordance with law as expeditiously as
possible not later than nine months from the
date of receipt of copy of this order.
c) 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, do not survive for consideration and hence, they
are dismissed accordingly.
Sd/-
JUDGE
DM
