Sri A S Savukar vs Sri Kamuju Suryahari Shetty
2023 Latest Caselaw 2074 Kant

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                                                              MFA No. 1573 of 2023




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 29TH DAY OF MARCH, 2023

                                               BEFORE

                           THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

                        MISCELLANEOUS FIRST APPEAL NO.1573 OF 2023 (CPC)

                 BETWEEN:

                 1.     SRI A S SAVUKAR
                        S/O. LATE SHIVAPPA SAVUKAR,
                        AGED ABOUT 71 YEARS,

                 2.     SRI. SHREE HARSHA A.S.
                        S/O. SRI. ANNAPPA SAVUKAR
                        AGED ABOUT 36 YEARS,

                        RESIDING AT NO. 165/B, 1ST G CROSS,
                        4TH BLOCK, 3RD STAGE,
                        SHARADA COLONY,
                        BASAVESHWARA NAGAR,
                        BENGALURU - 560 079.
                                                                     ... APPELLANTS
                 (BY SRI. T SESHAGIRI RAO., ADVOCATE)

                 AND:
Digitally signed
                 1.     SRI KAMUJU SURYAHARI SHETTY
by VIJAYA P
                        S/O. KAMUJU SAHEBSETTY,
Location: High          AGED ABOUT 48 YEARS,
Court of                RESIDING AT NO. 1020,
Karnataka               JANAPRIYA LAKE VIEW APARTMENTS,
                        KODICHIKKANNAHALLI,
                        BOMMANAHALLI,
                        BENGALURU - 560 076.
                        MANAGING PARTNER OF
                        M/S. SHETTY'S HOSPITAL,
                        HAVING OFFICE AT NO. 11 AND 12,
                        12TH F MAIN, KAVERI NAGAR,
                        BOMMANAHALLI,
                        BENGALURU - 560 068.
                                                                     ... RESPONDENT
                 (BY SRI. SIDDHARTH SUMAN, ADVOCATE)
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                                           MFA No. 1573 of 2023




      THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 07.04.2022 PASSED ON I.A. NO.1 IN O.S.NO.
2408/2022 ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL JUDGE,
BENGALURU, ISSUING EX-PARTE ORDER OF TEMPORARY INJUNCTION.

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


                              JUDGMENT

1. This appeal is directed against the impugned order dated

07.04.2022 passed in O.S.No.2408/2022 passed by the LXII

Additional City Civil and Sessions Judge, Bengaluru (CCH-63),

whereby the application, I.A.No.1 filed by the respondent/plaintiff

under Order XXXIX Rule 1 and 2 CPC for temporary injunction

restraining the appellants/defendants from entering upon the suit

schedule premises or any portion thereof or otherwise interfering

with the plaintiff's peaceful possession and enjoyment of the suit

schedule premises was allowed.

2. Heard learned counsel for the appellants and learned

counsel for the respondent.

3. The material on record discloses that the respondent-plaintiff

has instituted the aforesaid suit for permanent injunction against

the appellants/defendants. Along with the suit the respondent-

plaintiff having filed the aforesaid application seeking ad-interim

MFA No. 1573 of 2023

order of temporary injunction, the trial court proceeded to pass and

order granting temporary injunction in favour of respondent-plaintiff

restraining the appellants-defendants from entering upon the suit

schedule premises or any portion thereof or otherwise interfering

with the plaintiff's peaceful possession and enjoyment of the suit

schedule premises.

4. The learned counsel for appellants and respondent jointly

submit that in addition to I.A.No.1 filed seeking temporary injunction

filed by the plaintiff referred to supra, there are other applications

pending before the trial court. It is also submitted that the suit is

posted before the trial court on 23.05.2023 for consideration of

pending applications.

5. Under these circumstances, though several contentions have

been urged by both sides, without expressing any opinion on the

merits / demerits of the rival contentions of both sides, I deem it just

and appropriate to dispose of this appeal without interfering with

the impugned order and by directing the Trial Court to dispose of all

pending applications filed by both parties in accordance with law as

expeditiously as possible on or before 15.07.2023 without being

influenced by the findings and observations recorded in the

MFA No. 1573 of 2023

impugned order. All rival contentions are kept open and no opinion

is expressed on the same. Both parties are directed to co-operate

with the trial court for expeditious disposal of the pending

applications as directed above.

6. With the aforesaid observations and directions, the appeal

stands disposed of.

Sd/-

JUDGE

NP