High Court (Karnataka) allowed an appeal against the rejection of injunction applications under CPC by the trial court, remanding the matter for fresh adjudication after respondents filed a memo indicating no objection.
Impugned order rejecting injunction applications set aside; matter remanded to trial court to hear IAs afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY 2019
BEFORE
THE HON’BLE MR.JUSTICE P.B.BAJANTHRI
M.F.A. NO. 100676/2018 (CPC)
BETWEEN
AND
2
S/O SHANKAR DIXIT DIWAKAR DIXIT INAMDAR, AGE: 58 YEARS, OCC: AGRICULTURE, (TRUSTEE OF THE TEMPLE), R/O KENGERI, MURGOD-591 119, TQ: SAUNDATTI, DIST: BELAGAVI.
SMT. KUMMAKKA W/O NARAYAN KULKARNI, SINCE DECEASED BY HER LRS.
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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) R/W SEC. 151 OF CPC AGAINST THE ORDER DATED 22.11.2017 PASSED IN O.S. NO. 3/2017 ON THE FILE OF THE II ADDL. DIST. JUDGE, BELAGAVI, REJECTING I.A. NOS. 2 AND 3 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SEC. 151 OF CPC & ETC.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for respondents have filed a memo dated 20.02.2019 stating that they have no objection to
allow the appeal and remand the matter to the trial Court to adjudicate rights of the parties. The memo is supported by the affidavits of respondent Nos.1, 2, 4 and 5 accepting the contents of the memo.
2, 4 and 5 are accepted. Hence, the following order is passed.
Appeal filed by the appellants is allowed and the order passed by the learned II Addl. Dist. Judge, Belagavi, rejecting I.A. Nos. 2 and 3 filed under Order 39 Rules 1
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and 2 r/w Sec. 151 of CPC dated 22.11.2017 is set aside. Consequently, learned II Addl. Dist. Judge, Belagavi, is hereby directed to hear on I.A. Nos. 2 and 3 filed under Order 39 Rules 1 and 2 r/w Sec. 151 of CPC afresh and pass orders at the earliest.
Parties are directed to co-operate in deciding the matter.
Memo dated 20.02.2019 shall form part of this order.
In view of disposal of the appeal, I.A. No. 2/2018
filed for vacating stay does not survive. Accordingly, I.A. No. 2/2018 stands disposed off.
Sd/JUDGE
bvv
2 issues framed by the court
Whether the miscellaneous first appeal against rejection of injunction applications should be allowed given the non-objection from respondents.
Whether to remand the matter to the trial court to adjudicate the rights of the parties regarding the injunction applications.
2 provisions across 1 enactments
SRI SACHIDANAND @ DIVAKAR
SHRI NITYANAND @ PRABHAKAR DIXIT
SHRI PANDURANG @ UMESH DIXIT
SMT. MATHURABAI @ ANITA
SHRI. SHRIPAD DIXIT @ SURESH
SMT. ANNAPURNA W/O RAMESH KULKARNI
P.B. BAJANTHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
