Allowed

A Abdul Raffeekh v. Sri Manjunath N

Karnataka HC12 Dec 2022MFA/3810/2021

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal against an order granting temporary injunction was disposed of by modifying the injunction. The High Court directed both parties to refrain from entering the suit property during the suit's pendency and ordered the trial court to expedite disposal within six months, based on consent submitted by counsel.

What did the court decide?

Modified temporary injunction to restrain both parties from entering suit property; ordered trial court disposal within six months.

A Abdul Raffeekh Vs Sri Manjunath N — Property and Title | Karnataka HC (2022)

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MFA No. 3810 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.3810 OF 2021 (CPC)

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BETWEEN:

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A. ABDUL RAFFEEKH,

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S/O LATE ABDUL RAHIM SAHEB, PRESENT AGED ABOUT 69 YEARS, R/O NO.85, SPENCER ROAD, FRAZER TOWN, BENGALURU - 560 005.

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…APPELLANT

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(BY SRI. SHANMUKHAPPA.,ADVOCATE)

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AND:

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SRI. MANJUNATH N.,

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Digitally signed by GURURAJ D Location: High Court Of Karnataka

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S/O LATE NAGARAJ, AGED ABOUT 25 YEARS, R/O VENKATAPPA GARDEN, GCC MAIN ROAD, BATTARAHALLI, BENGALURU - 560 036.

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ALSO AT NO.9, UDAYANAGAR, GANGAPPA LAYOUT, BENGALURU - 560 016.

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…RESPONDENT

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(BY SRI.VIVEK SUBBA REDDY, SENIOR COUNSEL A/W SRI.SHASHIKUMAR R., ADVOCATE FOR C/R)

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MFA No. 3810 of 2021

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, 1908 AGAINST THE ORDER DATED 16.07.2021 PASSED ON I.A. NO.1 IN O.S.NO.3271/2021 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-32), ALLOWING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Challenging order dated 16.07.2021 passed on I.A.1 in O.S.no.3271/2021 by XX Additional City Civil

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and Sessions Judge (CCH-32), Bangalore City (hereinafter referred to as 'Trial Court' for short), this appeal is filed.

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Appellant herein was plaintiff while respondent herein was defendant before trial Court.

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O.S.3271/2021 was filed for permanent

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injunction in which I.A.1 was filed for temporary injunction restraining defendant from interfering with

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MFA No. 3810 of 2021

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plaintiff's possession and enjoyment over suit

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schedule property till disposal of suit.

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Upon entering appearance, defendant filed written statement/objections.

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On consideration, trial Court passed impugned

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order granting injunction, restraining defendant from interfering with plaintiff's possession and enjoyment over suit schedule property till disposal of suit.

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Schedule property is site no.66 in Sy.no.13/2, measuring East to West: 40 ft. and North to South: 30 ft., in all measuring 1,200 sq. ft. situated at Devasandra Village, KR Puram Hobli, Bangalore East Taluk.

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Both counsels after their respective arguments, submitted that they would proceed with trial and cooperate for early disposal of suit if both

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MFA No. 3810 of 2021

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parties restrained from entering suit property till disposal of suit. It was submitted that trial had already commenced.

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Since both counsels consented for modification

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of impugned order, there is nothing to be adjudicated, except disposing appeal as sought for.

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Without much ado, appeal is disposed of by modifying impugned order to one directing both parties or their assigns etc., from entering suit property during pendency of suit and maintain status quo existing as on today, subject to final result of suit and without any prejudice to their respective contentions.

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Trial Court is directed to expedite disposal of suit without granting unnecessary adjournments as far

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MFA No. 3810 of 2021

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as possible within six months from date of receipt of a

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copy of this order, but in accordance with law.

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Sd/JUDGE

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MKM

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List No.: 1 Sl No.: 22

A Abdul Raffeekh v. Sri Manjunath N

Case brief

What is this about?

What did the court decide?

A Abdul Raffeekh v. Sri Manjunath N

Case brief

What is this about?

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