Karnataka High Court
Mr Mohanlal Jindal vs M/S Rest House Developers on 17 November, 2023
Bench: H T Prasad
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NC: 2023:KHC:41095
MFA No. 7587 of 2023
C/w 7588/2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 7587 OF 2023 (CPC)
c/w
MISCELLANEOUS FIRST APPEAL NO. 7588 OF 2023 (CPC)
IN MFA NO.7587/2023
BETWEEN:
MR MOHANLAL JINDAL
S/O LATE SHIVLAL JINDAL
AGED ABOUT 82 YEARS
NO 17, LAXMI ROAD
SHANTINAGAR, BANGALORE 560017
REPRESENTED BY HIS SPA HOLDER
MR SUSHIL KUMAR JINDAL
S/O MR MOHANLAL JINDAL
AGED ABOUT 57 YEARS
...APPELLANT
(BY SRI. SURAJ S., ADVOCATE)
Digitally signed AND:
by
DHANALAKSHMI
MURTHY M/S REST HOUSE DEVELOPERS
Location: High A PARTNERSHIP FIRM
Court of
Karnataka REPRESENTED BY ITS PARTNER
MR AVINASH PRABHU
HAVING ITS OFFICE AT 206 AND 207
SOPHIA'S CHOICE ST MARK'S ROAD
BANGALORE 560001
...RESPONDENT
(BY SRI. J.P.DARSHAN., ADVOCATE FOR C/R)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED 26.08.2023
PASSED ON I.A. NO.2 IN O.S.NO. 5438/2023 ON THE FILE OF
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NC: 2023:KHC:41095
MFA No. 7587 of 2023
C/w 7588/2023
THE XXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH 31), WHEREIN NOTICE IS ORDERED.
IN MFA NO.7588/2023
BETWEEN:
MR MOHANLAL JINDAL
S/O LATE SHIVLAL JINDAL
AGED ABOUT 82 YEARS
NO 17, LAXMI ROAD,
SHANTINAGAR,BANGALORE 560017
REPRESENTED BY HIS SPA HOLDER
MR SUSHIL KUMAR JINDAL
S/O MR MOHANLAL JINDAL
AGED ABOUT 57 YEARS
...APPELLANT
(BY SRI. SURAJ S., ADVOCATE)
AND:
M/S REST HOUSE DEVELOPERS
A PARTNERSHIP FIRM
REPRESENTED BY ITS PARTNER
MR AVINASH PRABHU
HAVING ITS OFFICE AT 206 AND 207
SOPHIA'S CHOICE ST MARK'S ROAD
BANGALORE-560001.
...RESPONDENT
(BY SRI. J.P.DARSHAN.,ADVOCATE FOR C/R)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED: 26.08.2023
PASSED IN O.S.NO. 5438/2023 ON THE FILE OF THE XXX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-31).
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 7587 of 2023
C/w 7588/2023
JUDGMENT
1. MFA Nos.7587/2023 and 7588/2023 under Order XLIII
Rule 1 (r) of the CPC have been filed by the defendant
challenging the order dated 26.08.2023 passed by the XXX
Additional City Civil and Sessions Judge, Bengaluru on
I.A.Nos.1 to 3 in O.S.No.5438/2023 whereby I.A.Nos.1
and 2 filed by the plaintiff under Order XXXIX Rules 1 and
2 of CPC seeking for grant of ex-parte ad-interim
temporary injunction order restraining the defendant, their
servants, agents, henchmen, representatives or anyone
claiming through or under them from alienating or
encumbering the suit schedule property in whatsoever
manner and dispossessing the plaintiff from physical
possession of the suit schedule property, respectively,
have been allowed by the trial Court by impugned order
dated 26.08.2023.
2. Since the parties in both the cases are one and the
same and challenging the same impugned order, the
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MFA No. 7587 of 2023
C/w 7588/2023
matters are clubbed together and a common judgment is
passed.
3. For the sake of the convenience, the parties are
referred to as per their ranking before the Trial Court.
4. The plaintiff has filed a suit for bare injunction. Along
with the plaint, he has filed I.A.Nos.1 and 2 under Order
XXXIX Rule 1 and 2 of CPC restraining the defendant, their
servants, agents, henchmen, representatives or anyone
claiming through or under them from alienating or
encumbering the suit schedule property in whatsoever
manner and dispossessing the plaintiff from physical
possession of the suit schedule property, respectively.
The trial Court after hearing the plaintiff, has allowed
I.A.Nos.1 and 2 and passed ex-parte temporary injunction
order by impugned order dated 26.08.2023.
5. Immediately after appearance of the defendant, he
has filed IA for vacating ex-parte injunction order passed
by the trial Court in favour of the plaintiff. So far, no order
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MFA No. 7587 of 2023
C/w 7588/2023
has been passed by the trial Court on the application filed
by the defendant. Being aggrieved by the same, the
defendant is before this Court in these appeals.
6. It is not in dispute that the plaintiff has filed suit for
bare injunction. Along with the plaint, he has filed
I.A.Nos.1 and 2 under Order XXXIX Rule 1 and 2 of CPC.
The trial Court after hearing the plaintiff and material
available on record, has granted ex-parte injunction order
on I.A.Nos.1 and 2 by impugned order dated 26.08.2023.
The defendant also filed IA for vacating the ex-parte
injunction order granted by the trial Court. Till today, no
order has been passed by the trial Court on IA filed by the
defendant.
7. Under this circumstance, the only relief that can be
granted by this Court is to direct the trial Court to consider
the application filed by the defendant for vacating the ex-
parte injunction order, as expeditiously as possible.
Accordingly, I pass the following order:
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MFA No. 7587 of 2023
C/w 7588/2023
ORDER
a) The appeals are disposed of.
b) The trial Court is directed to consider IA filed
by the defendant for vacating the ex-parte
injunction order dated 26.08.2023 passed by the
trial Court in favour of the plaintiff in
O.S.No.5438/2023 on I.A.Nos.1 and 2 and pass
the appropriate order, in accordance with law, on
or before 16.12.2023.
c) All pending applications do not survive and
hence, the same are also disposed of.
Sd/-
JUDGE
HA
