Disposed

Sri Mohammed Haneef v. Mrs Pouline

Karnataka HC5 Dec 2023MFA/3813/2017

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a miscellaneous first appeal against a temporary injunction order. With the trial court suit set for evidence, the court continued its interim stay of the injunction until the suit's disposal and directed the trial court to conclude the matter within four months.

What did the court decide?

The temporary injunction stay was continued till the disposal of the suit; the trial court was directed to dispose of the suit within four months of receiving the certified copy of this order.

Sri Mohammed Haneef Vs Mrs Pouline — Property and Title | Karnataka HC (2023)

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1 - NC: 2023:KHC:43861 MFA No. 3813 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 3813 OF 2017 (CPC)

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BETWEEN:

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SRI MOHAMMED HANEEF S/O ABDUL JABBER AGED ABOUT 52 YEARS R/AT NO.14/1, 11TH CORSS M V R BLOCK, MUNIREDDY PLAYA J C NAGAR, BANGALORE-560 046

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…APPELLANT

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(BY SRI. KALYAN R., ADVOCATE)

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AND:

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Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka

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MRS POULINE W/O PATRIC AGED ABOUT 53 YEARS R/AT NO.14, 1ST CORSS FOERMERLY KNOWN AS 2ND CROSS M V R BLOCK, MUNIREDDYPALYA J C NAGAR, BENGALURU-560 046

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(BY SRI. V PRABHAKAR .,ADVOCATE)

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…RESPONDENT

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER PASSED ON I.A.NO.3 IN O.S.NO.25499/2016 ON THE FILE OF THE XXVI ADDITIONAL CITY CIVIL & SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU, (CCH-20), ALLOWING I.A.NO.3 FILED U/O 39 RULE 1 & 2 R/W SECTION 151 OF CPC.

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

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2 - NC: 2023:KHC:43861 MFA No. 3813 of 2017

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JUDGMENT

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This appeal under Order XLIII Rule 1 (r) of the CPC

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has been filed by the defendant challenging the order dated 04.04.2017 passed by the XXVI Additional City Civil and Sessions Judge, Bengaluru in O.S.No.25499/2016 on I.A.No.3 filed by the plaintiff under Order XXXIX Rule 1 and 2 of CPC, whereby the trial Court has allowed the said application filed by the plaintiff.

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For the sake of the convenience, the parties are referred to as per their ranking before the Trial Court.

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The plaintiff has filed a suit for bare injunction. Along with the plaint, he has filed I.A.No.3 under Order XXXIX Rule 1 and 2 of CPC seeking an order of temporary injunction restraining the defendant, his family members, agents, servants, henchmen or anybody acting on his behalf from obstructing the use of the entire 3 feet common passage on the northern side of the plaintiff’s property, pending disposal of the suit.

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3 - NC: 2023:KHC:43861 MFA No. 3813 of 2017

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The trial Court after hearing the parties by impugned order dated 04.04.2017 has allowed the application filed by the plaintiff and restrained the defendant, his family members, agents, servants, henchmen or anybody acting on his behalf from obstructing the use of the entire 3 feet common passage on the northern side of the plaintiff’s property, till the disposal of the suit. Being aggrieved by the same, the defendant is before this Court in this appeal.

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This Court by order dated 03.05.2017 has stayed the impugned order dated 04.04.2017 passed by the trial Court on I.A.No.3. The said interim order is operating from 03.05.2017 till today. The suit is now set down for evidence of the parties. Under this circumstance, I am of the opinion that the order passed by this Court on 03.05.2017 may be continued, till disposal of the suit.

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Accordingly, I pass the following order:

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ORDER

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a) The appeal is disposed of.

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4 - NC: 2023:KHC:43861 MFA No. 3813 of 2017

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b) The order dated 03.05.2017 passed by this

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Court staying the impugned order dated 04.04.2017 passed by the trial Court in O.S.No.25499/2016, is continued, till disposal of the suit.

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c) The trial Court is directed to dispose of the suit as expeditiously as possible but not later than four months from the date of receipt of certified copy of this order.

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All the contentions of the parties are kept open.

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Sd/JUDGE

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List No.: 1 Sl No.: 32

Sri Mohammed Haneef v. Mrs Pouline

Case brief

What is this about?

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Sri Mohammed Haneef v. Mrs Pouline

Case brief

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