Dismissed

Sri K T Prakash v. Sri Prasanna Kumara K P

Karnataka HC14 Mar 2024WP/4526/2024

Case brief

AI extract

What is this about?

A writ petition under Article 227 challenging an order of temporary injunction was dismissed as the petitioners failed to produce the pending interim order from the appellate court within the stipulated time, resulting in the stay lifting automatically.

What did the court decide?

The stay on the impugned order dated 29.01.2024 is lifted and the writ petition is dismissed without interfering with the impugned order.

Sri K T Prakash Vs Sri Prasanna Kumara K P — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:10556 WP No. 4526 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF MARCH, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 4526 OF 2024 (GM-CPC)

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BETWEEN:

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SRI. K.T. PRAKASH S/O LATE THIMMEGOWDA ALIYAS THAMMEGOWDA, AGED ABOUT 70 YEARS,

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SRI. K.P. PRAVEEN KUMAR, S/O K.T. PRAKASH, AGED ABOUT 41 YEARS,

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BOTH ARE R/AT: KONDAPURA VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT.

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…PETITIONERS

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(BY SMT. RADHIKA.K ADV. FOR SMT. KAVITHA D.,ADVOCATE)

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AND:

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Digitally signed by LEELAVATHI S R Location: HIGH COURT OF KARNATAKA

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SRI. PRASANNA KUMARA K.P., S/O LATE H.P. PUTTASWAMY, AGED ABOUT 46 YEARS, R/AT KONDAPURA VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT.

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SMT. K.P. BHAVYA, D/O SRI K.T. PRAKASH, AGED ABOUT 39 YEARS,

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SMT. K.P. DIVYA, D/O SRI K.T. PRAKASH, AGED ABOUT 39 YEARS,

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RESPONDENTS NO. 2 &3 ARE R/AT: KONDAPURA VILLAGE,

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2 - NC: 2024:KHC:10556 WP No. 4526 of 2024

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VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT.

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…RESPONDENTS

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(BY SMT. PRIYANKA S. ANGAD, ADV. FOR SRI. GURU PRASANNA S.,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29/01/2024 PASSED BY THE LEARNED PRL. CIVIL JUDGE AND JMFC, CHANNAPATNA IN OS NO. 133/2023 IA NO. IV VIDE ANNEXURE-L 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 is directed against the impugned order dated 29.01.2024 passed on I.A. No. 4 whereby the said application filed by the respondents was allowed by the trial Court.

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On 19.02.2024, this Court passed the following interim

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order:

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Learned counsel for the petitioners submits that aggrieved by the order of temporary injunction dated 19.09.2023 passed in O.S.No.133/2023, the petitioners have filed an appeal in M.A.No.18/2023 which is pending adjudication before the 1^st appellate court. It is submitted that if reasonable time is granted, the petitioners would take necessary steps to obtain the

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NC: 2024:KHC:10556 WP No. 4526 of 2024

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interim order in the said M.A.No.18/2023. The said submission is placed on record.

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Issue emergent notice to the respondents returnable by 14.03.2024.

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In the meanwhile, for the limited purpose of enabling the petitioners to take necessary steps to obtain an appropriate interim order in M.A.No.18/2023, the impugned order dated 29.01.2024 passed on I.A.No.4 by the Prl.Civil Judge and JMFC, Channapatna, is hereby stayed till the next date of hearing.

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Re-list on 14.03.2024.

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Office objections to be complied with by the next date of hearing.

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Liberty is reserved in favour of respondents to seek vacation / modification of this order.”

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As could be seen from the aforesaid interim order, this Court stayed the impugned order only for the purpose of enabling

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the petitioners to take necessary steps to obtain appropriate interim order in MA No. 18/2023. Even after lapse of almost one month, the petitioners have not produced any such interim order passed in

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NC: 2024:KHC:10556 WP No. 4526 of 2024

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M.A. No. 18/2023. Under these circumstances, nothing further survives for consideration in this petition and accordingly it is dismissed without interfering with the impugned order.

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Sd/JUDGE

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LRS

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List No.: 1 Sl No.: 14

Sri K T Prakash v. Sri Prasanna Kumara K P

Case brief

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Sri K T Prakash v. Sri Prasanna Kumara K P

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