Smt Sudha K R Vs Chandrashekar

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORD IN MISCELLANEOUS APPEAL NO. 65/2022 ON THE FILE OF II ADD. SENIOR CIVIL JUDGE AND JMFC AT HASSAN AND THE ENTIRE RECORD IN OS NO. 390/2021 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC AT HASSAN AND TO QUASH THE ORDER DATED 30/09/2024 AT ANNEXURE-A IN MISCELLANEOUS APPEAL NO. 65/2022 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC AT HASSAN AND RESTORE/CONFIRM THE ORDER DATED 10/10/2022 AT ANNEXURE-B PASSED ON IA NO. 2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC IN OS NO. 390/2021 ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC AT HASSAN AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by the plaintiff in O.S.390/2021 on the file of III Addl. Civil Judge and JMFC, Hassan is directed against the impugned order dated 30.09.2024 passed in M.A.No.65/2022, whereby the said appeal filed by the defendants, aggrieved by defendants against the order on Item No.2 dated 10.10.2022 passed by the Trial Court was set aside by the First Appellate Court.

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Heard learned counsel for the petitioner, learned counsel for the respondents and perused the material on record.

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NC: 2026:KHC:2525 WP No. 1257 of 2025

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HC-KAR

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A perusal of the material on record would indicate that the petitioner/ plaintiff instituted the aforesaid suit against the respondents/ defendants for permanent injunction and other reliefs in relation to the suit schedule immoveable property. The said suit having been contested by the respondents/ defendants, the Trial Court passed an order dated 10.10.2022 on the application I.A.No.2 filed by the petitioner/ plaintiff thereby granting temporary injunction in favour of the plaintiffs against the defendants. Aggrieved by the said order, the respondents/ defendants having preferred an appeal in M.A.No.65/2022, the First Appellate Court passed the impugned order allowing the appeal and setting aside the order of temporary injunction. Aggrieved by the impugned order passed by the First Appellate Court, the petitioner is before this Court byway of the present petition. On 25.01.2025, this Court passed the following interim order.

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"Heard.

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Issue emergent notice to respondents.

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Parties are directed to maintain status-quo in respect of the suit schedule property, till the next date of hearing".

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NC: 2026:KHC:2525 WP No. 1257 of 2025

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HC-KAR

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The aforesaid interim order passed by this Court continues to remain in force and operate between the parties even till today. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, having regard to the fact that an order of status-quo is in force and operates between the parties even till today, without expressing any opinion on the merits/ demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by directing the Trial Court to dispose of the suit in accordance with law on merits within a period of six months from the date of receipt of a copy of this order without being influenced by the findings and observations recorded in the order of the Trial Court, order of the First Appellate Court and the interim order of status-quo passed by this Court. It is further directed that till disposal of the suit by the Trial Court as stated supra, the interim order dated 25.01.2025 shall continue to remain and operate between the parties. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/ demerits of the rival contentions.

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