Sri Marimallaiah vs Santhosh Kumar M
2023 Latest Caselaw 2842 Kant

                                               -1-
                                                         MFA No. 7612 of 2022




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 2ND DAY OF JUNE, 2023

                                             BEFORE

                               THE HON'BLE MR JUSTICE H.P.SANDESH

                      MISCELLANEOUS FIRST APPEAL NO.7612 OF 2022 (CPC)

                   BETWEEN:

                   SRI MARIMALLAIAH,
                   S/O LATE CHIKKAMALLAIAH,
                   AGED ABOUT 70 YEARS
                   RESIDING AT NO.183,
                   4TH MAIN, 1ST 'A' CROSS, 6TH BLOCK,
                   BEL LAYOUT, VIDYARANAYAPURA,
                   BENGALURU-560097.
                                                                  ...APPELLANT

                              (BY SRI MUNIVENKATAPPA N, ADVOCATE)

                   AND:

                   SANTHOSH KUMAR M,
                   S/O MOHAN RAJ,
Digitally signed
by SHARANYA T      AGED ABOUT 33 YEARS,
Location: HIGH     RESIDING AT NO.128,
COURT OF
KARNATAKA
                   8TH MAIN, BML LAYOUT,
                   BASAVESHWARANAGAR,
                   BENGALURU-560079.
                                                                ...RESPONDENT

                               (BY SRI PRADEEP KUMAR, ADVOCATE)

                        THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
                   SECTION 151 OF CPC, AGAINST THE ORDER DATED 13.10.2022
                   PASSED ON I.A.NO.1 IN OS.NO.5474/2022 ON THE FILE OF THE
                   17TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
                   BENGALURU CCH-16, DISMISSING I.A.NO.1 FILED UNDER
                   ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
                               -2-
                                       MFA No. 7612 of 2022




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

                       JUDGMENT

This matter is listed for admission today. Heard the

learned counsel for the appellant and the learned counsel

for the respondent.

2. This appeal is filed challenging the rejection

order of the prayer made before the Trial Court for granting

temporary injunction and the suit is filed for the relief of

injunction. Both the learned counsel submit that the

matter is posted for evidence.

3. The learned counsel for the respondent submits

that a direction may be given to the Trial Court to dispose

of the matter expeditiously and both the parties can be

directed to maintain status quo.

4. The learned counsel for the appellant also

consents for time bound disposal of the matter.

5. In view of the respective submission, both the

parties are directed to maintain status quo. The Trial Court

MFA No. 7612 of 2022

is directed to dispose of the matter within nine months

from today. The respective parties and the respective

learned counsel are directed to assist the Trial Court in

disposal of the matter within nine months from today.

6. The appeal is disposed of.

Sd/-

JUDGE

MD