Sri Kiran Kumar K vs Sri Venkatesh M
2023 Latest Caselaw 10900 Kant

Karnataka High Court

Sri Kiran Kumar K vs Sri Venkatesh M on 18 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                -1-
                                                        NC: 2023:KHC:46192
                                                      MFA No. 8396 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 8396 OF 2023 (CPC)
                   BETWEEN:

                   1.    SRI KIRAN KUMAR K
                         S/O KRISHNAPPA
                         AGED ABOUT 32 YEARS

                   2.    SMT LIKITHA R
                         W/O KIRAN KUMAR
                         AGED ABOUT 23 YEARS
                         BOTH ARE R/AT NO.46/2
                         2ND MAIN ROAD, 3RD CROSS
                         CHAMARAJPET, VITTAL NAGAR
                         BENGALURU-560018.
                                                             ...APPELLANTS
                   (BY SRI. TEJAS N.,ADVOCATE)

                   AND:
Digitally signed
by
DHANALAKSHMI       1.    SRI VENKATESH M
MURTHY
Location: High           S/O MANI
Court of                 AGED ABOUT 38 YEARS
Karnataka
                         R/A NO.57, 3RD MAIN
                         KASTURIBANAGAR
                         MYSORE ROAD
                         BENGALURU-560026.

                   2.    BRUHATH BENGALURU
                         MAHANAGARA PALIKE
                         CORPORATION BUILDING
                         CORPORATION CIRLCE
                         (HUDSON CIRCLE)
                         BENGALURU-560001
                             -2-
                                          NC: 2023:KHC:46192
                                       MFA No. 8396 of 2023




    REPRESENTED BY ITS
    COMMISSIONER
                                              ...RESPONDENTS


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION    151    OF   CPC,    AGAINST    THE   ORDER
DATED:21.09.2023 PASSED ON I.A.NO.3 IN OS.NO.6081/2023
ON THE FILE OF THE PRL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU,    ISSUING AD INTERIM EXPARTE TEMPORARY
INJUNCTION AGAINST THE DEFENDANTS NO.2 AND 3 AS
PRAYED IN I.A.NO.3 TILL NEXT DATE OF HEARING AND
ISSUING SUIT SUMMONS EMERGENT NOTICE OF I.A.NO.3 TO
DEFENDANTS NO.2 AND 3 AND ISSUE SUMMONS TO THE D1.

     THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

This appeal is filed by defendants under Order 43

Rule 1(r) of CPC, challenging the order dated 21.09.2023

passed by the XXV Additional City Civil and Sessions

Judge, Bengaluru, whereby ex-parte temporary injunction

order has been passed in O.S.No.6081/2023. After the

appearance of the defendants, they have filed an

application for vacating the ex-parte temporary injunction

order, under Order 39 Rule 4 of CPC. So far, no order has

been passed on the said application.

NC: 2023:KHC:46192

2. Under these circumstances, the only relief that

can be granted is to direct the trial court to dispose of the

suit expeditiously.

3. Accordingly, I pass the following order:

(i) The appeal is disposed of.

(ii) The trial court is directed to consider

under Order 39 Rule 4 of CPC, in accordance

with law, on the next date of hearing.

(iii) All pending applications stand

disposed of.

Sd/-

JUDGE

CM