IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO.1935 OF 2015 (CPC) BETWEEN:
BRUHATH BANGALORE MAHANAGARA PALIKE, BBMP, N.R.SQUARE, BENGALURU.
REP. BY ITS COMMISSIONER. …APPELLANT (BY SRI.DEVENDRAPPA, ADVOCATE) AND:
M/S JAI JAWAN ADVERTISERS, MAHASANGAMA NILAYA, P.N.S.LAYOUT, KAMMANAHALLY, BENGALURU, REP.BY ITS PROPRIETOR, ARI.AGAR BAL.M.S @ HARAGABAL.M.S. ...RESPONDENT (BY SRI.M.S.SYAM SUNDAR, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 05.12.2014 PASSED ON IA NO.1 IN O.S.NO.25178/2014 ON THE FILE OF THE 13TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, BANGALORE, ALLOWING IA NO.1 FILED UNDER ORDER 39, RULE 1 AND 2, READ WITH SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed for setting aside the order dated 5.12.2014 on I.A.No.1 filed under Order XXXIX Rule 1 and 2 CPC in O.S. No.25178/2014 passed by the XIII Additional City Civil and Sessions Judge, Bangalore.
2. Heard the counsel for the appellant. It is submitted that the original suit before the trial Court is disposed of as per the order dated 27.10.2018.
3. The counsel submitted that the license granted to the plaintiff was only upto 26.01.2015. Since the license granted was in force as on the date of filing of the suit. Therefore, on hearing the IA, the interim injunction was granted. In view of the expiry of the license period the plaintiff has no legal right to continue his business of putting up hoardings.
4. The present appeal is preferred against the order passed on IA 1 in O.S. No.25178/2014. The case status report pertaining to the said suit confirms that as per the order dated 27.10.2018 the original suit is disposed of. Under these circumstances, the present appeal do not survive for consideration.
Accordingly, the appeal is dismissed.
Sd/- JUDGE ykl