Petitioner challenged an order detaining him in civil prison for violating temporary injunction. The High Court held the order was appealable under Order 43 Rule 1(r) CPC, upheld the office objection on maintainability, and dismissed the writ petition, directing deduction of time spent in computing appeal limitation.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 5646 OF 2023 (GM-CPC)
BETWEEN:
SRI. KAVALAIAH, SON OF CHANDRAIAH, AGED ABOUT 41 YEARS, RESIDING AT MARALURU VILLAGE, KASABA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572103.
…PETITIONER
(BY SRI. FAYAZ SAB B.G, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
SRI. SUNIL, SON OF PRABHAKAR, AGED ABOUT 37 YEARS, RESIDING AT SHANTHINAGARA, TUMAKURU CITY, TUMAKURU-572102.
…RESPONDENT
(BY SRI. MANJUNATH T.M, ADVOCATE FOR C/R)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.01.2023 MADE ON INTERLOCUTORY APPLICATION FILED UNDER ORDER 39 RULE 2A(1) OF CODE OF CIVIL PROCEDURE IN MISC NO. 05/2018, ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT TUMAKURU, WHEREIN HELD THAT THE PETITION
FILED BY THE PLAINTIFF/APPLICANT UNDER ORDER 39 RULE 1 AND 2 OF CPC IS ALLOWED. THE PETITIONER HEREIN FOUND GUILTY FOR VIOLATION OF ORDER OF TEMPORARY INJUNCTION PASSED ON IA. NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC IN O.S. NO. 241/2016 ON THE FILE OF THIS COURT. FURTHER THE LEARNED TRIAL JUDGE ACTING UNDER ORDER 39 RULE 2A (1) OF CPC, THE PETITIONER/DEFENDANT IS ORDERED TO BE DETAINED IN CIVIL PRISON FOR A PERIOD OF 3 MONTHS, WHICH IS PRODUCED AND MARKED AS ANNEXURE-'A' AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The impugned order is passed on an application filed under Order 39 Rule 2-A of Code of Civil Procedure (for short 'CPC'). The office has raised an objection regarding maintainability of the writ petition in view of an appeal remedy provided under Order 43 Rule 1(r) of CPC.
NC: 2024:KHC:49807 WP No. 5646 of 2023
regarding maintainability is upheld and the writ petition is
dismissed as not maintainable .
impugned order to the learned counsel for the petitioner after retaining a photocopy.
deducted while calculating limitation applicable to an appeal.
Sd/-
(R. NATARAJ) JUDGE
THM List No.: 1 Sl No.: 14
1 issue framed by the court
Whether a writ petition lies against an order under Order 39 Rule 2-A CPC when an appeal remedy exists under Order 43 Rule 1(r) CPC.
3 provisions across 2 enactments
Sri. Kavalaiah
Sri. Sunil
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
