Disposed

Sri Muniraju v. Nandi Infrastructure Corridor Enterprises Road

Karnataka HC2 Mar 2022WP/827/2022

Case brief

AI extract

What is this about?

High Court disposed of a writ petition challenging an order directing notice in a temporary injunction application, directing the trial court to consider the application within three months.

What did the court decide?

Trial Court directed to consider the interim application at the earliest within an outer limit of three months from the date of receipt of the certified copy of the order.

Sri Muniraju Vs Nandi Infrastructure… — Civil Procedure and Limitation | Karnataka HC (2022)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 2^ND DAY OF MARCH 2022

¶4

BEFORE

¶5

THE HON’BLE MR. JUSTICE E.S.INDIRESH

¶6

WRIT PETITION NO.827 OF 2022 (GM-CPC)

¶7

BETWEEN:

¶8

SRI. MUNIRAJU, S/O LATE GOVINDAPPA, AGED ABOUT 58 YEARS,

¶9

SRI. SURESH, S/O LATE GOVINDAPPA, AGED ABOUT 45 YEARS,

¶10

SRI. NAGARAJ, S/O LATE GOVINDAPPA, AGED ABOUT 41 YEARS,

¶11

ALL R/AT ANJANAPURA VILLAGE, UTTARAHALLLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 066.

¶12

... PETITIONERS

¶13

(BY SRI. SRIKANTH N.V., ADVOCATE)

¶14

AND:

¶15

NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES ROAD, MIDFORD HOUSE, MIDFORD GARDEN, OFF M.G. ROAD, BANGALORE - 560 001. REPRESENTED BY ITS MANAGING DIRECTOR

¶16

... RESPONDENT

¶17

¶18

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.12.2021 PASSED BY THE ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-16) IN O.S.NO.6854 OF 2021 AS PER ANNEXURE-A.

¶19

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

¶20

ORDER

¶21

In this writ petition, petitioners are assailing the order dated 17.12.2021 passed by the Additional City Civil and Sessions Judge (CCH-16) in O.S.No.6854/2021.

¶22

Civil and Sessions Judge (CCH-16) in

¶23

2. Heard Sri. Srikanth N.V., learned counsel appearing for the petitioners.

¶24

Learned counsel appearing for the

¶25

petitioners submits that though the petitioners herein, who are the plaintiffs before the trial Court, have filed

¶26

a suit for bare injunction and filed an application under

¶27

Order XXXIX Rule 1 and 2 r/w Section 151 of C.P.C., seeking an order of temporary injunction restraining the defendant/respondent from interfering with the plaintiffs peaceful possession and enjoyment of the suit

¶28

¶29

schedule property, however, the trial Court, without passing any ad interim order, has issued notice to defendant/respondent. He further submits that there is an urgency to hear the said application filed by the petitioners/plaintiffs. He further, submits that defendant/respondent has entered appearance before the trial Court on 03.02.2022. In that view of the matter, he submitted that the trail Court is to be directed to consider I.A-1 at the earliest.

¶30

The trial Court by order dated 17.12.2021,

¶31

has issued notice to defendant/respondent on I.A-1. Undisputably, granting or refusal of the temporary injunction is discretionary and same has to be considered based on the documents produced by the parties in the suit. In that view of the matter, since the defendant/respondent has entered appearance before the trial Court and therefore, I am of the view that the trial Court shall consider I.A.-1 at the earliest, within an outer limit of three months from the date of

¶32

¶33

receipt of certified copy of this order. Accordingly, writ petition is disposed of .

¶34

Sd/JUDGE

¶35

GRD

Sri Muniraju v. Nandi Infrastructure Corridor Enterprises Road

Case brief

What is this about?

What did the court decide?

Sri Muniraju v. Nandi Infrastructure Corridor Enterprises Road

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mariya Prasanna Kumar Vs Mariya Prathap Kumar

Sri v Prasad Vs Sri Manu N

M/S Ambika Rice Industries Vs Sri T R Venkatesh

The Karnataka Electricity Board Vs Smt Raziya Begum

Sri v Venkatesha Vs Sri G M Krishnappa

Mr R Marappa Raju Vs Mrs R Pushpalatha