Mrs. Sheela T v. Master Yohan Achut
Case brief
What is this about?
Extension of ad-interim temporary injunction — rejection of I.A.No.5 without deciding I.A.Nos.1 and 2 on merits — interim order stands till vacated or altered; rejection leaves it in limbo / kept pending — trial Court duty bound to pass reasoned order on I.A.No.2 on merits despite plaintiff's absence — Order XXXIX Rule 1 and 2 CPC temporary injunction — Order XXXII Rule 3 CPC guardian for minor defendant — Article 227 Constitution of India — gift deed dated 02.09.2020 challenged as null and void — sister v. minor brother — O.S.No.5691/2023, Court of VI ACC and SJ, Bangalore — WP No. 34440 of 2024 (GM-CPC) — impugned order set aside, interim order extended till disposal, no opinion on merits.
What did the court decide?
Writ petition allowed; impugned order dated 06.11.2024 passed on I.A.Nos.1 and 2 in O.S.No.5691/2023 set aside; trial Court directed to hear I.A.Nos.1 and 2 affording opportunity to plaintiff and defendant, with liberty to pass orders on merits if either party does not appear; the interim order earlier granted stands extended till disposal of the applications by the trial Court in accordance with law on merits; no opinion expressed on the merits of the matter.