Sri. Ashoka. S vs Sri. C. Venkatesh
2023 Latest Caselaw 9343 Kant

Karnataka High Court

Sri. Ashoka. S vs Sri. C. Venkatesh on 5 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                          NC: 2023:KHC:43907
                                                        MFA No. 7889 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                          BEFORE
                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 7889 OF 2023 (CPC)
                   BETWEEN:

                   SRI. ASHOKA. S
                   S/O. LATE SURESH. M
                   AGED ABOUT 33 YEARS
                   RESIDING AT NO. 14
                   SY. NO. 91/P29, RAYASANDRA VILLAGE
                   HUSKUR POST, SARJAPURA HOBLI
                   ANEKAL TALUK, BANGALORE-560 099.
                                                                ...APPELLANT
                   (BY SRI. C.S. PRASANNA KUMAR, ADVOCATE FOR
                   SRI. ALLAH BAKASH M.,ADVOCATE)
                   AND:

                   SRI. C. VENKATESH
                   S/O. CHINNAKALI
Digitally signed
                   AGED ABOUT 45 YEARS
by                 RESIDING AT RAYASANDRA VILLAGE
DHANALAKSHMI
MURTHY             HUSKUR POST, SARJAPURA HOBLI
Location: High     ANEKAL TALUK, BANGALORE-560 099.
Court of
Karnataka                                                     ...RESPONDENT
                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
                   CPC, PRAYING TO SET ASIDE THE ORDER DATED: 02.11.2023
                   PASSED ON IA NO.1 IN O.S.NO.1329/2023 ON THE FILE OF
                   THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL,
                   BENGALURU RURAL DISTRICT.

                        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
                   THE COURT DELIVERED THE FOLLOWING:
                              -2-
                                           NC: 2023:KHC:43907
                                        MFA No. 7889 of 2023




                         JUDGMENT

This appeal is filed by the plaintiff under Order 43

Rule 1(r) of CPC, challenging the order dated 02.11.2023

passed by the Senior Civil Judge and JMFC, Anekal on IA

No.1 filed under Order 39 Rules 1 and 2 of CPC in

O.S.No.1329/2023.

2. For the sake of convenience, parties are referred

to as per their ranking before the trial court.

3. The plaintiff filed a suit for declaration and

injunction. Along with the plaint, he has also filed an IA

under Order 39 Rules 1 and 2 of CPC seeking a prayer to

restrain the defendant from interfering with the suit

schedule property of the plaintiff. The trial court, by order

dated 02.11.2023 neither granted ex-parte injunction

order nor given any reason for adjourning the matter to

issue notice to the defendant. Hence, the plaintiff is

before this Court.

4. Now, the case is posted to 07.12.2023. Hence, the

trial court is directed to consider the application filed by

NC: 2023:KHC:43907

the plaintiff, if he has made out any case for granting ex-

parte injunction order.

5. With the above observations, the appeal stands

disposed of.

6. All pending applications stand disposed

Sd/-

JUDGE

CM