Disposed¶35

Sri.G.K.Madhukumar v. Sri.K.M.Shyamsundar

Karnataka HC17 Feb 2025WP/2062/2021

Case brief

AI extract

What is this about?

High Court of Karnataka; W.P. No. 2062 of 2021 (GM-CPC); Article 227; Order XXXIX Rule 1 and 2 CPC; interim injunction; R.A.No.8/2020; O.S.No.389/2011; Doddaballapura; rejection of temporary injunction application in first appeal; continuation of interim order dated 02.03.2021 pending disposal of regular appeal; direction for expeditious disposal of appeal; petition disposed of; R. Nataraj J.; decision dated 17.02.2025.

What did the court decide?

Continuation of the interim order dated 02.03.2021 (restraining the respondents from dispossessing the petitioner) till disposal of R.A.No.8/2020, with a direction to the First Appellate Court to dispose of the appeal expeditiously. ¶35

Sri.G.K.Madhukumar Vs Sri.K.M.Shyamsundar — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:6927 WP No. 2062 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ

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WRIT PETITION NO.2062 OF 2021 (GM-CPC)

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BETWEEN:

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SRI. G. K. MADHUKUMAR S/O LATE R. KRISHNAPPA, AGED ABOUT 52 YEARS, NO.2881, 6^TH DIVISION, MUTHUR, DODDABALLAPURA, BANGALORE RURAL DISTRICT – 561 203.

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…PETITIONER

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(BY SRI. NAVEEN J.N., ADVOCATE)

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AND:

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SRI. K. M. SHYAMSUNDAR S/O K MADHAVA RAO, AGED ABOUT 75 YEARS,

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT KARNATAKA

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SRI. K.M. NAGARAJA RAO S/O K MADHAVA RAO, AGED ABOUT 75 YEARS,

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RESPONDENTS 1 AND 2 R/AT NEAR RAGHAVENDRA MUTT, BRAHMINS STREET, 1^ST WARD, DODDABALLAPURA, BANGALORE RURAL DISTRICT – 561 203

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K.G. PRASANNAKUMAR, S/O K.M, SHYAMSUNDAR, AGED ABOUT 48 YEARS,

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NC: 2025:KHC:6927 WP No. 2062 of 2021

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K.S. CHAITANYA, S/O K.M. SHYAMSUNDAR, AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT MANJUSHREE NILAYA, MUTSANDRA, DODDABALLAPURA, BANGALORE RURAL DISTRICT – 561 2023

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…RESPONDENTS

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(BY SRI. A.C. BALARAJ, ADVOCATE FOR R1 TO R4)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON IA NO.1 IN R.A.NO.8/2020 PASSED BY THE HON’BLE ADDL. SENIOR CIVIL JUDGE, DODDABALLAPURA, DTD 07.08.2020 VIDE ANNX-K AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner has challenged the order dated 07.08.2020 passed by Addl. Senior Civil Judge, Doddaballapura, in RA.No.8/2020, by which, an application filed by him under Order XXXIX Rule 1 and 2 of CPC was rejected.

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The petitioner filed O.S.No.389/2011 for permanent injunction in respect of a residential site. The said suit was dismissed after contest on 20.03.2020. The

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3 - NC: 2025:KHC:6927 WP No. 2062 of 2021

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petitioner filed R.A.No.8/2020 before the First Appellate Court. An application was filed by the petitioner for interim injunction under Order XXXIX Rule 1 and 2 of CPC. The said application was rejected in terms of the order dated 07.08.2020. The petitioner is, therefore, before this Court challenging the said order.

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When this petition was listed on 02.03.2021, this Court granted an interim order as prayed for till the next date of hearing, as the petitioner claimed that he had the benefit of an order of interim injunction in the suit between 12.09.2011 and 03.03.2020. The interim prayer sought for was as follows:

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“ WHEREFORE , it is prayed that this Hon’ble Court be pleased to restrain the respondents from dispossessing the petitioner from the petition schedule property pursuant to the order on I.A.No.1 in R.A.No.8/2020 passed by the Hon’ble Addl. Senior Civil Judge, Doddaballapura, dated 7.8.2020 marked at Annexure-K to the writ petition in the interest of justice and equity.”

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NC: 2025:KHC:6927 WP No. 2062 of 2021

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When this petition was listed for preliminary hearing in ‘B’ group, learned counsel for the petitioner and learned counsel for respondent Nos.1 to 4 submitted that RA.No.8/2020 is now listed for final argument on 05.04.2025. The interim order granted by this Court is in force from the year 2021. Hence, this writ petition deserves to be disposed of continuing the order dated 02.03.2021 till the disposal of RA.No.8/2020 before the First Appellate Court.

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Since, the regular appeal is filed in the year 2020, the First Appellate Court is directed to consider and dispose of the appeal as expeditiously as possible. Accordingly, petition is disposed of .

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Sd/(R. NATARAJ) JUDGE

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List No.: 1 Sl No.: 51

Sri.G.K.Madhukumar v. Sri.K.M.Shyamsundar

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Sri.G.K.Madhukumar v. Sri.K.M.Shyamsundar

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