Appeal against an order refusing an exparte temporary injunction. Held, trial court considering an application for temporary injunction is in the interest of justice and appeal disposed off accordingly.
Trial court directed to consider application for interim injunction. Appeal disposed off.
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:31638 MFA No. 5024 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5024 OF 2024 (CPC)
BETWEEN:
MR.M.LAKAPPA S/O LATE T.MUNISHAMAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO. 38 MALLASANDRA, NEAR ANJANEYA TEMPLE ROAD, T DASARAHALLI POST, BANGALORE NORTH, BANGALORE-560 057.
…APPELLANT
(BY SRI. VIJAYA KUMAR K., ADVOCATE)
AND:
Digitally signed by MEGHA MOHAN
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED: 15.07.2024 PASSED ON IA NO.1 IN O.S.NO.4911/2024 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL
NC: 2024:KHC:31638 MFA No. 5024 of 2024
AND SESSIONS JUDGE, BENGALURU, ISSUING EMERGENT NOTICE ON IA NO.1 AND SUIT SUMMONS TO DEFENDANTS FILED U/O.39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
The present appeal is filed aggrieved by orders passed on I.A.No.1 in O.S.No.4911/2024 dated 15.07.2024 by the XV Addl. City Civil and Sessions Judge, Bengaluru, the plaintiff is before this court.
NC: 2024:KHC:31638 MFA No. 5024 of 2024
possession of the property. Even the Khata extracts and tax paid receipts are standing in the name of the plaintiff. He has also produced the encumbrance certificate for 14 years. It is the case of the plaintiff that on 07.07.2024, the defendants and their henchmen had attempted to enter the suit schedule property, shouting slogans that they are the owners of the property and they know how to take back property from the plaintiff, which made him to come up with the suit. The trial court by order impugned had not granted any order and observed that the plaintiff is claiming his right on the suit scheduled property based on the GPA holder of his vendor without seeking the relief of declaration. Hence, it is not a fit case to grant exparte temporary injunction. In view of the same, emergent notice is issued, suit summons to the defendants and the matter is directed to be listed on 12.08.2024.
NC: 2024:KHC:31638 MFA No. 5024 of 2024
the impugned order, by that time the defendant had not appeared before the court.
Accordingly the following:
ORDER
the appellant seeking injunction.
iii. All the I.As., in the appeal shall stand closed.
SD/(LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 21
2 issues framed by the court
Whether the trial court was justified in not granting an exparte temporary injunction without a declaration.
Whether interim injunction could be granted in favour of the appellant.
2 provisions across 1 enactments
MR.M.LAKAPPA
MR. SURESH
SMT.POORNIMA
LALITHA KANNEGANTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
