IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR M.F.A.NO.2798 of 2019(CPC) BETWEEN:
Sri. B Manjappa S/o Sri.Bhadrappa Aged about 38 years R/at No.5, 2nd Cross, Kupparaju Garden, Amarjyothi Layout, R.T.Nagar, Bengaluru-560032. …Appellant (By Sri. Ganapati Bhat, Advocate) AND:
1. Smt. C.Dhanalakshmi W/o Sri.K.Ramamurthy Aged about 28 years, R/at No.1, Vinayaka Layout, Nayandahalli, Bengaluru-560039.
2. Sri.K.Ramamurthy, S/o late Sakamma, Aged about 37 years, R/at No.1, Vinayaka Layout, Nayandahalli, Bengaluru-560039.
3. Smt.Ranjitha Radha, W/o Sri.Gopalakrishna Belur, Aged about 42 years, R/at Vinayaka Nilaya, Near Mamatha High School, R.T.Nagar, Bengaluru-560032.
4. Sri. Gopala Krishna Belur, Father name not known, Aged about 56 years, R/at Vinayaka Nilaya, Near Mamatha High School, R.T.Nagar, Bengaluru-560032. ... Respondents This MFA is filed under Order 43 Rule 1(r) of CPC, 1908 against the order dated 21.3.2019 passed on I.A.No.1 in O.S.No.2229/2019 on the file f the XXV Additional City Civil and Sessions Judge, Bengaluru, issuing notice of I.A.No.1 to defendant No.1, defendant No.2/caveator and his counsel and defendant Nos.3 and 4. Issue suit summons to defendant Nos.1 to 4.
This appeal coming on for Admission this day, the Court delivered the following:
JUDGMENT Heard the appellant’s counsel.
2. Appellant has preferred this appeal since the trial Court ordered issuance of notice to defendants without granting an ex parte order of injunction.
3. On perusal of the impugned order it is found that though the plaintiff was not a party to the caveat, but noticing the fact that the subject matter of the suit is subject matter in the caveat, the trial Court took a decision to issue notice to the defendants.
4. If notice is ordered to the defendants, it does not mean that the trial Court has come to the conclusion that application for injunction is rejected. After summons is served on the defendants, the plaintiff can argue on application for injunction and the trial Court will take decision whether to order grant of injunction or not.
Hence, appeal is dismissed.
bkp Sd/- JUDGE