Karnataka High Court
Sri. H.S. Shivaswamy vs Sri. A. Ashwath on 5 October, 2023
Bench: H T Prasad
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NC: 2023:KHC:36040
MFA No. 1177 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 1177 OF 2023 (CPC)
BETWEEN:
SRI. H.S. SHIVASWAMY
S/O. SRI. H. R. SRIKANTAIAH
AGED ABOUT 65 YEARS
R/O. NO. 706, PRECISION INDUSTRIES
80 FEET ROAD, PRAKASHNAGAR
BENGALURU-560 021.
...APPELLANT
(BY SRI. M.V.HIREMATH., ADVOCATE)
AND:
SRI. A. ASHWATH
S/O. SRI. RANGAIAH
AGED ABOUT 53 YEARS
R/O. NO. 6, SRIRAMANAGAR
Digitally signed KAMAKSHIPALYA, MAGADI MAIN ROAD
by
DHANALAKSHMI BENGALURU-560 079.
MURTHY
...RESPONDENT
Location: High
Court of
Karnataka (BY SRI.ROOPESHA B., ADVOCATE)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 12.01.2022 PASSED ON I.A.NO.1
IN OS.NO.6283/2017 ON THE FILE OF THE XXV ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING
THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W
SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 1177 of 2023
JUDGMENT
Even though the matter is posted for orders, with
the consent of the learned counsel for the parties, the
matter is disposed of finally.
1. This appeal under Order 43 Rule 1(r) of CPC is filed
by the defendant in O.S.No.6283/2017 before the XXV
Addl. City Civil and Sessions Judge, Bangalore, challenging
the order dated 12.1.2022 passed on I.A.No.1 filed under
Order 39 Rules 1 and 2 read with Section 151 of CPC,
whereby the Trial Court has allowed I.A.No.1 filed by the
plaintiff.
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 before the Trial Court for
permanent injunction. Along with the suit, the plaintiff filed
I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking an
order of temporary injunction restraining the defendant,
his agents, servants or any other persons claiming under
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MFA No. 1177 of 2023
him from interfering with the plaintiff's peaceful possession
and enjoyment of the suit schedule property pending
disposal of the suit. On service of suit summons,
defendant appeared through counsel and filed written
statement. After hearing the parties, the Trial Court by
impugned order dated 12.1.2022 allowed I.A.No.1 filed by
the plaintiff. Being aggrieved by the same, the defendant
has filed this appeal.
4. Heard the learned counsel appearing for the parties.
Perused the impugned order.
5. The suit is now set down for evidence of the
parties. Under the circumstances and in the interest of
justice, the only direction that can be issued at this
stage is to direct the Trial Court to dispose of the suit as
expeditiously as possible. Hence, the following order is
passed:
ORDER
a) The appeal is dismissed.
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MFA No. 1177 of 2023
b) The order dated 12.1.2022 passed by the trial
court on I.A.No.1 in O.S.No.6283/2017 is
confirmed.
c) The Trial Court is directed to dispose of the suit
in accordance with law as expeditiously as
possible not later than six months from the date
of receipt of copy of this order.
d) Parties are directed to co-operate for the early
disposal of the suit.
All pending applications, if any, shall stand
disposed of.
Sd/-
JUDGE
DM
