The High Court of Karnataka disposed of the writ petition without adjudication on merits, directing the trial court to decide interim injunction applications within two months and continuing the status quo until then.
The trial court directed to decide I.A.Nos.1 and 2 within two months; status quo continues pending disposal.
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 AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE ASHOK.S.KINAGI
WRIT PETITION NO. 12795 OF 2018 (GM-CPC)
BETWEEN:
SRI. MANILAL B. PATEL, S/O. SRI BHIMAJI A PATEL, AGED ABOUT 60 YEARS, RESIDING AT C/O NEW LAKSMI VIJAY SAW MILL, NEAR RAITHARA SANTHE, JAKKUR ROAD, YELAHANKA, BENGALURU - 560064.
...PETITIONER
(BY SRI. SANKET M YENAGI, ADVOCATE)
AND:
2
RESIDING AT NO.58, KHB COLONY GANDHINAGAR YELAHANKA OLD TOWN BENGALURU - 560064.
…RESPONDENTS
(BY SRI. S.VENUGOPAL, ADVOCATE FOR R1 & R2, SRI.NARAYANA MURTHY, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.02.2018, PASSED ON I.A. NO.1/2018 AND I.A.NO.2/2018, PASSED IN O.S. NO.25248/2018, PASSED BY THE COURT OF THE XXVI A.C.C. & S. JUDGE MAYO HALL, BENGALURU AT ANNEXURE-P.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING - B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner aggrieved by the order dated 26.02.2018 passed on I.A.Nos.1 and 2 in
O.S. No.25248/2018 filed this writ petition.
3
petition are that; the petitioner filed a suit in O.S No.25248/2018 before the trial court seeking for
the relief of declaration and permanent injunction. In the said suit, the petitioner filed applications - I.A Nos.1 and 2 seeking for an order of temporary injunction restraining the respondents from interfering and also from alienating the suit schedule properties pending disposal of the suit. The trial Court declined to grant ad-interim ex-parte injunction order and
hence, the petitioner has filed this writ petition.
directed all the parties to maintain status-quo.
that the trial Court has not disposed of the applications - I.A.Nos.1 and 2 filed by the petitioner.
4
that a direction may be issued to the trial Court to dispose of the applications - I.A.Nos.1 and 2 within time bound manner and till the disposal of the above said applications, the order of status-quo dated 27.03.2018 passed by this Court be continued.
Accordingly, the writ petition is disposed of directing the trial Court to consider the applications - I.A.Nos.1 and 2 filed by the petitioner within two months from the date of receipt of copy of this order.
Meanwhile, the status-quo order granted by this
Court dated 27.03.2018 is continued till the applications - I.A.Nos.1 and 2 are disposed of by the trial Court.
5
This Court has not made any adjudication on
merits in issue. All the contentions are kept open.
Sd/JUDGE
NBM
2 issues framed by the court
Whether to direct the trial court to dispose of interim injunction applications expeditiously.
Whether to continue the status quo pending disposal of the interim applications.
Manilal B. Patel
Leela Bhen @ Leela Bhen J. Patel
Harish K. Patel
Satish V.
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
