Karnataka High Court
Kumudha vs Satish H V on 12 January, 2023
Bench: H T Prasad
-1-
MFA No. 5482 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5482 OF 2019 (CPC)
BETWEEN:
KUMUDHA
W/O. DN MURTHY
R/AT NO. 127, NEW NO. 610
26TH MAIN ROAD
NANDINI LAYOUT, 5TH BLOCK
BENGALURU 560096.
...APPELLANT
(BY SRI. S V PRAKASH., ADVOCATE)
AND:
Digitally signed
by 1. SATISH H V
DHANALAKSHMI
MURTHY S/O. THIMMAIAH S
Location: High R/AT NO. 45/A, I MAIN ROAD
Court of 4TH CROSS, ROAD, HEALTH LAYOUT
Karnataka
ANNAPOORNESHWARINAGAR
NAGARBHAVI, BENGLAURU 560091.
2. L CHANDRASHEKAR
S/O. LATE. LINGARAJU
R/AT NO. H-8, 3RD MAIN ROAD
RAMACHANDRAPURA
BENGALURU 560021.
3. PRAMOD @ PAMMI
R/AT NO. 132/B
26TH MAIN, NANDINI LAYOUT
-2-
MFA No. 5482 of 2019
4TH BLOCK
BENGALURU 560096
...RESPONDENTS
(BY SRI. SIDDHARTH B MUCHANDI., ADVOCATE FOR R1:
NOTICE TO R2 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER. 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 09/01/2019, PASSED ON
IA.NOS.1 & 2, IN O.S. NO.7233/2018, ON THE FILE OF THE
XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH-36), REJECTING THE IA.NO.1 FILED BY THE
PLAINTIFF U/O.39 RULE 1 & 2 OF CPC AND ALLOWING THE
IA.NO.2 FILED BY DEFENDANT NO.1 FILED U/O.39 RULE 4 OF
CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal under Order 43 Rule 1(r) of the CPC is
filed by the plaintiff in O.S.No.7233/2018 before the
XXXV Addl. City Civil Judge, Bangalore, challenging the
order dated 9.1.2019 passed on I.A.No.I filed under
Order 39 Rules 1 and 2 read with Section 151 of CPC
and I.A.No.II filed under Order 39 Rule 4 read with
MFA No. 5482 of 2019
Section 151 of CPC, whereby the Trial Court has
dismissed I.A.No.1 filed by the plaintiff and allowed
I.A.No.II filed by the defendants and interim order dated
3.10.2018 has been vacated.
2. For the sake of convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiff filed the suit in
O.S.No.7233/2018 before the Trial Court seeking for
relief of permanent injunction restraining the defendant
from interfering with the peaceful possession of the
plaintiff's suit schedule property. Along with the suit, the
plaintiff had also filed I.A.No.1 under Order 39 Rules 1
and 2 read with Section 151 of CPC seeking for grant of
an order of temporary injunction restraining the
defendants from interfering with the possession of the
plaintiff's suit schedule property. The Trial Court had
granted exparte interim order on 3.10.2018. On service
MFA No. 5482 of 2019
of summons, defendants appeared through counsel and
filed written statement. The defendants filed I.A.No.II
for vacating the exparte interim order. After hearing the
parties, the Trial Court by order dated 9.1.2019
dismissed I.A.No.1 filed by the plaintiff and allowed
I.A.No.II filed by the defendant and interim order dated
3.10.2018 was vacated. Being aggrieved by the same,
the plaintiff has filed this appeal.
4. Heard the learned counsel for the parties and
perused the records.
5. The suit is now set down for evidence. Since
the suit is filed only seeking relief of permanent
injunction, the relief that can be granted at this stage is
to direct the Trial Court to dispose of the suit on merits
as expeditiously as possible.
MFA No. 5482 of 2019
6. Accordingly, the appeal is disposed of.
The Trial Court is directed to dispose of the suit on
merits as expeditiously as possible, not later than six
months from the date of receipt of copy of this order.
It is made clear that the Trial Court shall not be
influenced with the observations made in the impugned
order dated 9.1.2019.
Parties are directed to co-operate for the early
disposal of the suit.
In view of disposal of appeal, all pending I.As. are
dismissed accordingly.
Sd/-
JUDGE
DM
