Karnataka High Court
Sri M .P Nandish vs Sri. Kumar on 20 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:46464
MFA No. 5709 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5709 OF 2023 (CPC)
BETWEEN:
SRI M .P NANDISH
S/O LATE PANCHANNA
AGED ABOUT 51 YEARS
R/AT NO.32, BASAVESHWARA LAYOUT
MANGANAHALLI CROSS
ULLAL VILLAGE, YESHWANTAPURA HOBLI
BENGALURU-560056.
...APPELLANT
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR.,ADVOCATE)
AND:
SRI. KUMAR
S/O KEMPANNA
AGED ABOUT 42 YEARS
Digitally signed
by R/AT SY NO.38/2
DHANALAKSHMI NAGADEVANAHALLI VILLAGE
MURTHY
Location: High KENGIRI HOBLI, BENGALURU SOUTH
Court of
Karnataka BENGALURU-560016.
...RESPONDENT
(BY SRI. SHAMANNA B H.,ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 20.07.2023 PASSED ON I.A.
NO.1 IN O.S.NO. 1208/2023 ON THE FILE OF THE XLII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-43), REJECTING I.A. NO.1 FILED UNDER ORDER XXXIX
RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
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NC: 2023:KHC:46464
MFA No. 5709 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Order XLIII Rule 1 (r) read with
Section 151 of CPC has been filed by the plaintiff
challenging the order dated 20.07.2023 passed by the XLII
Additional City Civil & Sessions Judge, Bengaluru (CCH-43)
in O.S.No.1208/2023 on I.A.No.1 filed by the plaintiff
under Order XXXIX Rule 1 and 2 read with Section 151 of
CPC, whereby the application filed by the plaintiff has been
rejected.
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 a suit for declaration and
injunction. Along with the plaint, he has filed I.A.No.1
under Order XXXIX Rule 1 and 2 of CPC seeking an order
of temporary injunction restraining the defendant from
interfering with his peaceful possession and enjoyment of
the suit schedule property.
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4. After service of summons, defendant appeared
through his counsel and filed the objections. The trial
Court after hearing the parties by impugned order dated
20.07.2023 has rejected the application filed by the
plaintiff. Being aggrieved by the same, the defendant is
before this Court in this appeal.
5. This Court by order dated 21.08.2023 has directed
both the parties to maintain status-quo, in respect of suit
schedule property, till the next date of hearing. The said
order has been extended from time to time.
6. Respondent/defendant has filed I.A.No.2/2023 for
vacating status-quo order granted by this Court on
21.08.2023 on the ground that taking an advantage of
status-quo order, the plaintiff is trying to interfere with the
possession of the defendant.
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7. Be that as it may. Now the suit filed by the plaintiff
before the trial Court is now set down for framing of the
issues.
8. Under this circumstance, I am of the opinion that the
trial Court may be directed to dispose of the suit by
directing both the parties to maintain status-quo and also
not to put up any construction in the suit schedule
property, till disposal of the suit..
9. Accordingly, I pass the following order:
ORDER
a) The appeal is disposed of.
b) The impugned order dated 20.07.2023
passed by the trial Court in O.S.No.1208/2023
on I.A.No.1 is modified.
c) The parties are directed to maintain status-
quo, in respect of the suit schedule property and
they are also directed not to put up any
construction in the suit schedule property, till
disposal of the suit.
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d) The trial Court is directed to dispose of the
suit as expeditiously as possible but not later
than six months from the date of receipt of
certified copy of this order.
e) Both the parties are directed to cooperate for
early disposal of the suit.
10. All the contentions of the parties are kept open.
Sd/-
JUDGE
HA
