Karnataka High Court
Smt. Nanda W/O. Chandrakant Huprikar vs Shri. Basawa Enterprises on 29 October, 2024
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NC: 2024:KHC-D:15829
MFA No. 103855 of 2018
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.103855 OF 2018 (CPC)
BETWEEN:
1. SMT. NANDA W/O. CHANDRAKANT HUPRIKAR,
AGE: 66 YEARS, OCC: BUSINESS,
R/O: "GODKE BUILDING",
NO.36/8, J. C. NAGAR,
OPP. BSNL OFFICE,
WOMENS COLLEGE ROAD,
HUBBALLI - 580 020.
2. CHANDRAKANT S/O. RAJARAM HUPRIKAR,
AGE: 47 YEARS, OCC: BUSINESS,
R/O:"GODKE BUILDING",
NO.36/8, J. C. NAGAR,
Digitally
signed by
SAROJA OPP. BSNL OFFICE,
HANGARAKI
Location: High WOMENS COLLEGE ROAD,
Court of
Karnataka HUBBALLI - 580 020.
3. SRI RAJU S/O. CHANDRAKANT HUPRIKAR,
AGE: 22 YEARS, OCC: BUSINESS,
R/O: "GODKE BUILDING",
NO.36/8, J. C. NAGAR, OPP.BSNL OFFICE,
WOMENS COLLEGE ROAD,
HUBBALLI - 580 020.
...APPELLANTS
(BY SRI SHRIKANT T. PATIL, ADVOCATE)
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NC: 2024:KHC-D:15829
MFA No. 103855 of 2018
AND:
1. SHRI BASAWA ENTERPRISES
A REG FIRM,
REPRESENTED BY ITS WORKING PARTNER
SRI NARAYAN S/O. LAXMANSA BASAVA,
HAVING ITS OFFICE AT 1ST FLOOR,
"DHANVANTRIALAYA",
MANIYAR COMPLEX, KOPPIKAR ROAD,
HUBBALLI - 580 020.
2. SRI NARAYAN S/O. LAXMANSABASAWA,
AGE: 70 YEARS,
OCC: BUSINESS AND MANAGING PARTNER OF THE
RESPONDENT NO.1 FIRM, R/O: 1ST FLOOR,
"DHANVANTRIALAYA", MANIYAR COMPLEX,
KOPPIKAR ROAD, HUBBALLI - 580 020.
3. RAJKUMAR S/O. NARAYAN BASAWA,
AGE:38 YEARS,
OCC: BUSINESS AND MANAGING PARTNER OF THE
RESPONDENT NO.1 FIRM, R/O: 1ST FLOOR,
"DHANVANTRIALAYA", MANIYAR COMPLEX,
KOPPIKAR ROAD, HUBBALLI - 580 020.
...RESPONDENTS
(BY SRI PRAKASH K. JAWALKAR, ADVOCATE FOR R1 TO R3)
THIS MFA IS FILED U/O.43 RULE 1(R) OF THE CODE OF CIVIL
PROCEDURE, 1908, AGAINST THE ORDER DATED 12.07.2018,
PASSED IN O.S.NO.80/2018 ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE HUBBALLI AND ETC.,
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-D:15829
MFA No. 103855 of 2018
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The above appeal is filed challenging the order dated
12.07.2018 passed on I.A.No.II in O.S.No.80/2018 by the
II Additional Senior Civil Judge, Hubballi1.
2. The relevant facts leading to the present appeal
are that the respondents/plaintiffs instituted a suit in
O.S.No.80/2018 for recovery of a sum of ₹35 lakhs
together with interest and costs as also for other reliefs.
The appellants herein are arrayed as defendants No.1 to 3
in the said suit. The appellants have entered appearance
in the suit and contested the same.
3. The respondents/plaintiffs filed I.A.No.II to
restrain the defendants No.1 to 3 from interfering with and
disturbing the plaintiffs peaceful possession and
enjoyment of the suit property. The Trial Court vide order
Hereinafter referred to as 'Trial Court'
NC: 2024:KHC-D:15829
dated 12.07.2018, allowed the said application and
granted the order of temporary injunction as prayed for.
Being aggrieved, the present appeal is filed.
4. Learned counsel, Sri.Rohit S Patil appearing for
learned counsel Sri.Shrikant T Patil assailing the order
passed by the Trial Court, vehemently contends that the
plaintiffs have failed to demonstrate the balance of
convenience lies in their favour and have also failed to
demonstrate the injury would be caused since the suit filed
is one for damages. Learned counsel vehemently puts
forth various contentions seeking to impugn the order
dated 12.07.2018 passed by the Trial Court.
5. However, it is noticed that the suit is posted on
04.11.2024 for reply arguments on the main suit.
6. In view of the aforementioned, having regard to
the fact that the suit itself is at the stage of final
arguments and the Trial Court having exercised its
discretion to grant the injunction as sought for in I.A.No.II,
NC: 2024:KHC-D:15829
the question of entertaining the present appeal at the
present stage does not arise.
7. In view of the aforementioned, the above
appeal is dismissed.
SD/-
(C.M. POONACHA)
JUDGE
SH
CT-ASC
