Disposes of an appeal under Order 43 Rule 1(r) CPC against the rejection of an interim injunction application. Directs that the earlier interim order of status-quo dated 26.04.2019 be continued till the disposal of the suit.
The interim order of status-quo dated 26.04.2019 is continued till the disposal of the suit; appeal disposed of.
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.
NC: 2023:KHC:41568 MFA No. 849 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 849 OF 2019 (CPC)
BETWEEN:
K. C. VENKATACHALAPATHY S/O. K. V. CHENNAPPA AGED ABOUT 50 YEARS RESIDING AT ATTIGIRU KOPPA VILLAGE KASABA HOBLI, BANGARPET KOLAR DISTRICT.
…APPELLANT
(BY SRI. DANAPPA P PANIBHATE.,ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
GENERAL POWER OF ATTORNEY HOLDER OF SMT. ULRIKE KERN W/O. LOUIS PAUL KERN AGED ABOUT 52 YEARS PANEL GARDEN NEAR H & P NAGAR KRISHNAVARAM MAIN ROAD BEML NAGAR POST, K.G.F.-563114.
NC: 2023:KHC:41568 MFA No. 849 of 2019
…RESPONDENTS
(NOTICE TO R1 IS SERVED & UNREPRESENTED APPEAL AGAINST R2 TO R4 IS DISPMISSED V/O DTD: 21.03.019)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, ORDER DATED 27.11.2018, PASSED ON I.A.NO.10 IN OS.NO.75/2016, ON THE FILE OF THE SENIOR CIVIL JUDGE & PRL. JMFC, KGF, C/C ADDITIONAL SENIOR CIVIL JUDGE & JMFC, KGF, REJECTING THE I.A. NO.10 FIELD BY THE PLAINTIFF UNDER ORDER 39 RULE 1 & 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSON, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
NC: 2023:KHC:41568 MFA No. 849 of 2019
ORDER
Court is continued, till disposal of the suit.
Sd/JUDGE
HA List No.: 2 Sl No.: 41
2 issues framed by the court
Whether the temporary injunction order passed on 26.04.2019 should be continued till the disposal of the suit.
Whether the appeal under Order 43 Rule 1(r) CPC filed against the rejection of interim injunction application should be disposed of.
3 provisions across 1 enactments
K. C. Venkatachalapathy
Louis Paul Kern
Ulrike Kern
T.M.C., Bangarpet
Health Officer
Executive Engineer
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
