IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 29TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.923 OF 2016 (LA-RES) BETWEEN:
THE SPECIAL AGRICULTURAL PRODUCE MARKET COMMITTEE, NOW LOCATED AT:
AGRAHARA TANK BUND ROAD, BINNYPET, BENGALURU-560 023, REPRESENTED BY ITS SECRETARY.
(BY SRI NANDA KISHORE, ADVOCATE) AND:
1. SRI T. SURYANARAYANA SON OF LATE GANAPAYYA, AGED ABOUT 75 YEARS, RESIDING AT NO.619/1 GKVK CROSS, BYATARAYANAPURA, BELLARY ROAD, BENGALURU-560 092.
... APPELLANT 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560 001.
3. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT, KANDAAYA BHAVAN, K.G.ROAD, BENGALURU-560 009.
4. THE SPECIAL LAND ACQUISITION OFFICER 3RD FLOOR, PODIUM BLOCK, VISWESHWARAIAH TOWER, BENGALURU-560 001.
... RESPONDENTS (BY SRI LAXMINARAYANA, AGA FOR R-2 TO R-4; R-1 IS SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.16918 OF 2014 (LA-RES) DATED 29.02.2016.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 29.02.2016, passed by the learned Single Judge, wherein injunction was granted against the appellant restraining them from dispossessing the respondents therein, the present appeal is filed.
2. The learned counsel for the appellant contends that the aforesaid interim order passed by the learned Single Judge is bound to affect the possession of the appellant at the stage of final hearing.
3. On hearing learned counsels, we are of the considered view that appropriate relief is called for.
4. Any interim order passed in a proceeding is not a final order. Even though a particular view is taken by the learned Single Judge at the stage of interlocutory orders, it would necessarily not bind him while passing the final order. The final order would be based on the merits and the law involved and not only because an interim order has since been granted. Therefore, while clarifying the same, the appeal is disposed off.
Sd/- Sd/-
JUDGE JUDGE JJ/-
CT:SM