Appeals against trial court's rejection of temporary injunction applications; appellant submitted he would be satisfied if the impugned order's observations were held non-binding on the trial court, and respondents raised no objection.
Impugned orders' observations held not to bind trial Court at final judgment stage.
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: 2024:KHC:26465 MFA No. 4144 of 2024 C/W MFA No. 4043 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MISCELLANEOUS FIRST APPEAL NO. 4144 OF 2024 (CPC) C/W
MISCELLANEOUS FIRST APPEAL NO. 4043 OF 2024 (CPC) IN MFA NO. 4144/2024
BETWEEN:
SRI. C. SATHISH KUMAR, S/O C. CHOWDAIAH, AGED ABOUT 54 YEARS, R/AT NO.18, 3RD CROSS, 6TH MAIN, C CHOWDAPPA ROAD, PADARAYANAPURA, GOVERNMENT ELECTRIC FACTORY, BANGALORE SOUTH - 560 026.
…APPELLANT
(BY SRI. SHARATH S. GOWDA, ADVOCATE)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
- 2 - NC: 2024:KHC:26465 MFA No. 4144 of 2024 C/W MFA No. 4043 of 2024
S/O CHANGALARAYA NAIDU, MAJOR, R/AT NO.958, 2ND CROSS, NEAR KATHRIGUPPE, WATER TANK, 3RD BLOCK, BANASHANKARI, BANGALORE - 560 050.
7TH STAGE, BEML LAYOUT,
MYLASANDRA, BANGALORE - 560 059.
…RESPONDENTS
(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R4 TO R7)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 28.05.2024 PASSED ON I.A.NO.1 IN OS.NO.2456/2024 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY CCH-8, DISMISSING THE IA. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
IN MFA NO. 4043/2024
BETWEEN:
SRI. C. SATHISH KUMAR, S/O C. CHOWDAIAH, AGED ABOUT 54 YEARS, R/AT NO.18, 3RD CROSS, 6TH MAIN, C CHOWDAPPA ROAD, PADARAYANAPURA, GOVERNMENT ELECTRIC FACTORY, BANGALORE SOUTH - 560 026.
…APPELLANT
(BY SRI. SHARATH S. GOWDA, ADVOCATE)
AND:
R/AT NO.271, 10TH CROSS, 7TH STAGE, BEML LAYOUT, MYLASANDRA, BANGALORE - 560 059.
…RESPONDENTS
(BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R4 TO R7)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 28.05.2024 PASSED ON I.A. NO.2 IN O.S.NO. 2456/2024 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-8), DISMISSING THE I.A. NO.2 FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed challenging order dated 28.05.2024 passed by XI Addl. City Civil and Sessions Judge, (CCH-8) Bengaluru City.
NC: 2024:KHC:26465 MFA No. 4144 of 2024 C/W MFA No. 4043 of 2024
impugned order shall not come in way of trial Court while passing final judgment, which shall be on basis of evidence led down by parties.
Sd/JUDGE
PNV List No.: 1 Sl No.: 41
2 provisions across 1 enactments
Sri. C. Sathish Kumar
Smt. Gopamma
Smt. K. Lakshmi
Sri. G.C. Chandrashekhar
Sri. S. Tejpal
Sri. Nemichand S
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
