Citation : 2025 Latest Caselaw 8119 Kant
Judgement Date : 8 September, 2025
-1-
NC: 2025:KHC-D:11626
MFA No. 100086 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 08TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
MISCELLANEOUS FIRST APPEAL NO. 100086 OF 2025
BETWEEN:
SHRI. GIRISH
S/O IRAPPA PATTANSHETTI
AGE: 57 YEARS,
OCC. AGRICULTURE,
R/O. HOUSE NO.42,
JAIN GALLI, KUDACHI
TQ. RAIBAG,
DIST. BELAGAVI-591317.
...APPELLANT
(BY SRI. SANGRAM S. KULKARNI, ADV)
AND:
SHRI. VISHWANATH
S/O SHIVAPPA PATTANSHETTI,
AGE: 78 YEARS,
OCC. AGRICULTURE,
R/O KUDACHI, TQ. RAIBAG,
DIST. BELAGAVI-591317.
...RESPONDENT
MOHANKUMAR
B SHELAR (RESPONDENT SERVED)
Digitally signed by
MOHANKUMAR B THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, 1908,
SHELAR
Date: 2025.09.11
12:13:39 +0530
PRAYING TO ALLOW THE TOP NOTED MFA AND SET ASIDE THE
IMPUGNED ORDER PASSED ON I.A.NO.1 DATED 11.11.2024 IN
O.S.NO.29/2024 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-2-
NC: 2025:KHC-D:11626
MFA No. 100086 of 2025
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
The appellant being aggrieved by the order on I.A.I dated
11.11.2024 passed in O.S. No.29/2024 by the learned Senior
Civil Judge and JMFC, Raibag, filed this appeal.
2. I have perused the impugned order wherein the
trial Court has granted an order of temporary injunction for a
period of six months from the date of the order i.e.,
11.11.2024.
3. The interim order granted for a period of six
months expired in the month of May 2025. In view of the
same, noting survives for consideration in this appeal.
4. Accordingly, the appeal is dismissed as having
become infructuous.
The trial Court is directed to dispose of the suit without
being influenced by any of the observations made in the
impugned order.
All the contentions of the parties are kept open.
NC: 2025:KHC-D:11626
HC-KAR
In view of dismissal of the appeal, I.A.1/2025 does not
survive for consideration. Accordingly, the same stands
disposed off.
Sd/-
(ASHOK S. KINAGI) JUDGE
kmv CT: BSB
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