Disposed

Sri Medehal Reddy Basavaraja Goud, v. Mr. Bollimekala Chandrasekhar

Karnataka HC14 Mar 2024WP/1411/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a trial court order declining temporary injunction. The Court directed the trial court to preponement the suit, file objections, and decide interim applications within one month under Order 39 Rule 3-A CPC, maintaining the existing interim stay order.

What did the court decide?

Petition dismissed. Trial court directed to preponement suit and decide interim applications within one month; interim stay order continued.

Sri Medehal Reddy Basavaraja Goud, Vs Mr… — Civil Procedure and Limitation | Karnataka HC (2024)

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1 - NC: 2024:KHC:10570 WP No. 1411 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1411 OF 2024 (GM-CPC)

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BETWEEN:

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SRI. MEDEHAL REDDY BASAVARAJA GOUD, S/O RUDRA GOUD, AGED ABOUT 55 YEARS, RESIDING AT 17200 WESTMILL LN, CHARLOTTE, NC 28277, UNITED STATES OF AMERICA REPRESENTED BY POWER OF ATTORNEY HOLDER SMT. N. SHARADAMMA, W/O JAMBANNA, AGED ABOUT 63 YEARS, RESIDING AT NO 54 B, ASHRAYA COLONY, JOLADARASI, BELLARY 583 111.

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…PETITIONER

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(BY SRI. PURNACHANDRA M PURANIK ADV. FOR SRI. VIKRAM UNNI RAJAGOPAL.,ADVOCATE)

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AND:

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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MR. BOLLIMEKALA CHANDRASEKHAR, S/O BOLLIMEKALA NARASAIAH, AGED ABOUT 37 YEARS, RESIDING AT NO 3/29, N BOTUMEEDHAPALLI PULLAMPETA, NUKANAPALLI CUDDAPAH, ANDHRA PRADESH 516 108.

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MR. VEERAPALLI SANDEEP S/O VEERAPALLI PRADEEP KUMAR, AGED ABOUT 25 YEARS, RESIDING AT NO 8-52/1, PADMAVATHI PURAM, TIRUPATI (RURAL), CHITTOOR, ANDHRA PRADESH 517 507.

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MRS. N PALA SUKANYA D/O NARA VENKATRAMAIAH, AGED ABOUT 29 YEARS, RESIDING AT NO 3-68, DODDIPALLI G.K.ROAD, KALAKADADODDI PALLE, CHITTOOR, ANDHRA PRADESH 517 236.

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2 - NC: 2024:KHC:10570 WP No. 1411 of 2024

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MR. P. JASWANTH S/O MR. P. CHANCHAIAH NAIDU, AGED ABOUT 30 YEARS, RESIDING AT NO 18-8-49/12, MADHURANAGAR, TIRUPATI, CHITTOOR, ANDHRA PRADESH 517 501.

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M/S. DIVI INFRA

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A PROPRIETORSHIP FIRM, HAVING ITS OFFICE AT NO 405, A BLOCK, AKUL RESIDENCY, GUNJUR, BENGALURU 560 087. REPRESENTED BY ITS PROPRIETOR, MR. SANDRA PRUDHVI

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…RESPONDENTS

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(BY SRI. SURYA PRASAD L.,ADVOCATE, FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 06/01/2024 (ANNEXURE-A) AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition filed by the plaintiff in O.S. No. 39/2024 on

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the file of I Additional Civil Judge, Bengaluru Rural District, Bengaluru, is directed against the impugned order passed on I.A. Nos. 1 and 2 whereby the trial Court has declined to pass ex-parte order of temporary injunction in favour of the petitioner and directed issuance of emergent notice to the respondents.

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Heard learned counsel on both the sides and perused

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the material on record.

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NC: 2024:KHC:10570 WP No. 1411 of 2024

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3. When the matter was posted before the Court on 02.02.2024 the following interim order was passed:

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Learned counsel for the petitioner files a memo stating, the respondents are continuing with construction despite the Order of status-quo.

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Learned counsel for respondents 1 to 4 would dispute the said submission.

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Re-list on 16.02.2024.

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In the meanwhile, respondents are directed not to put up any further construction on the Western side of the plaint schedule property, till the next date of hearing.

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Learned counsel for petitioner submits that the suit is posted before the trial Court on 25.03.2024 and if the respondents enter appearance and file objections, documents etc., on I.A. Nos. 1 and 2, the trial Court may be directed to dispose of I.A. Nos. 1 and 2 in accordance with law within a period one month as contemplated under Order XXXIX Rule 3-A of CPC. It is further submitted that till the disposal of I.A. Nos. 1 and 2 by the trial Court, the interim order dated 02.02.2024 passed by this Court may be continued without prejudice to the rights and contentions of the parties.

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4 - NC: 2024:KHC:10570 WP No. 1411 of 2024

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Per contra, learned counsel for respondents/ defendants submits that they would seek advancement/ preponement of the matter from 25.03.2024 to an earlier date and the trial Court may be directed to dispose of I.A. Nos. 1 and 2 in accordance with law.

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In view of the facts and circumstances of the matter I

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deem it just and appropriate to dispose of the petition by issuing certain directions.

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In the result, the following;

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O R D E R

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I. Petition is disposed off.

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II. The trial Court is directed to prepone/advance the matter from 25.03.2024 to any earlier convenient date pursuant to an application in this regard being filed by the respondents – defendants and the respondents – defendants shall file their statement of objections along with documents on the date on

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5 - NC: 2024:KHC:10570 WP No. 1411 of 2024

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which the suit would stand advanced as stated supra.

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III. Immediately upon advancement/preponement of the case from 25.03.2024 to any earlier convenient date and the respondents – defendants filing objections, documents etc., the trial Court shall consider and pass appropriate orders on I.A. Nos. 1 and 2 within a period of one month from that day as contemplated under Order XXXIX Rule 3-A of CPC.

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IV. It is further directed that till disposal of I.A. Nos. 1 and 2, interim order granted by this Court on 02.02.2024 shall remain in force and operate between the parties.

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V. It is made clear that present order is passed without prejudice to the rights and contentions of the parties and the trial Court shall dispose of I.A. Nos. 1 and 2 without being influenced by findings and observations, if any, made in the present order or in the interim order passed by this Court.

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NC: 2024:KHC:10570 WP No. 1411 of 2024

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VI. All rival contentions on all aspects are kept open

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and no opinion is expressed on the same.

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Sd/JUDGE

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LRS List No.: 1 Sl No.: 9

Sri Medehal Reddy Basavaraja Goud, v. Mr. Bollimekala Chandrasekhar

Case brief

What is this about?

What did the court decide?

Sri Medehal Reddy Basavaraja Goud, v. Mr. Bollimekala Chandrasekhar

Case brief

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What did the court decide?

What the court decided

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Statutes considered

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