Karnataka High Court
Sri Mohammed Haneef vs Mrs Pouline on 5 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:43861
MFA No. 3813 of 2017
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. 3813 OF 2017 (CPC)
BETWEEN:
SRI MOHAMMED HANEEF
S/O ABDUL JABBER
AGED ABOUT 52 YEARS
R/AT NO.14/1, 11TH CORSS
M V R BLOCK, MUNIREDDY PLAYA
J C NAGAR, BANGALORE-560 046
...APPELLANT
(BY SRI. KALYAN R., ADVOCATE)
AND:
MRS POULINE
W/O PATRIC
AGED ABOUT 53 YEARS
R/AT NO.14, 1ST CORSS
Digitally signed FOERMERLY KNOWN AS 2ND CROSS
by M V R BLOCK, MUNIREDDYPALYA
DHANALAKSHMI
MURTHY J C NAGAR, BENGALURU-560 046
Location: High ...RESPONDENT
Court of
Karnataka
(BY SRI. V PRABHAKAR .,ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER PASSED ON I.A.NO.3 IN
O.S.NO.25499/2016 ON THE FILE OF THE XXVI ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, MAYO HALL UNIT,
BENGALURU, (CCH-20), ALLOWING I.A.NO.3 FILED U/O 39
RULE 1 & 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:43861
MFA No. 3813 of 2017
JUDGMENT
1. This appeal under Order XLIII Rule 1 (r) of the CPC
has been filed by the defendant challenging the order
dated 04.04.2017 passed by the XXVI Additional City Civil
and Sessions Judge, Bengaluru in O.S.No.25499/2016 on
I.A.No.3 filed by the plaintiff under Order XXXIX Rule 1
and 2 of CPC, whereby the trial Court has allowed the said
application filed by the plaintiff.
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 bare injunction. Along
with the plaint, he has filed I.A.No.3 under Order XXXIX
Rule 1 and 2 of CPC seeking an order of temporary
injunction restraining the defendant, his family members,
agents, servants, henchmen or anybody acting on his
behalf from obstructing the use of the entire 3 feet
common passage on the northern side of the plaintiff's
property, pending disposal of the suit.
NC: 2023:KHC:43861
4. The trial Court after hearing the parties by impugned
order dated 04.04.2017 has allowed the application filed
by the plaintiff and restrained the defendant, his family
members, agents, servants, henchmen or anybody acting
on his behalf from obstructing the use of the entire 3 feet
common passage on the northern side of the plaintiff's
property, till the disposal of the suit. Being aggrieved by
the same, the defendant is before this Court in this appeal.
5. This Court by order dated 03.05.2017 has stayed the
impugned order dated 04.04.2017 passed by the trial
Court on I.A.No.3. The said interim order is operating from
03.05.2017 till today. The suit is now set down for
evidence of the parties. Under this circumstance, I am of
the opinion that the order passed by this Court on
03.05.2017 may be continued, till disposal of the suit.
6. Accordingly, I pass the following order:
ORDER
a) The appeal is disposed of.
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b) The order dated 03.05.2017 passed by this
Court staying the impugned order dated
04.04.2017 passed by the trial Court in
O.S.No.25499/2016, is continued, till disposal of
the suit.
c) The trial Court is directed to dispose of the
suit as expeditiously as possible but not later
than four months from the date of receipt of
certified copy of this order.
7. All the contentions of the parties are kept open.
Sd/-
JUDGE
HA
