IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.14139/2019 (GM-CPC) BETWEEN SRI K H CHANDRASHEKAR S/O LATE HANUMANTHARAYAPPA AGED ABOUT 57 YEARS RESIDING AT NO 100, 3RD CROSS, 1ST MAIN, CHAMUNDESHWARI LAYOUT, DODDABOMMASANDRA BENGALURU - 97 (By Sri. ANANDA K, ADVOCATE) ... PETITIONER AND M/S SHREE ASSOCIATES & DEVELOPERS NO 72, 1ST MAIN, CHAMUNDESHWARI LAYOUT, DODDABOMMASANDRA BENGALURU - 560097 REPRESENTED BY ITS PARTNERS SRI M E PILLAPPA & SRI P NAVEEN KUMAR ... RESPONDENT (By Sri.R P SOMASHEKARAIAH, ADVOCATE for Sri.C M DESAI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE LEARNED XXXIV ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU TO DISPOSE OFF THE I.A.1/2018 IN O.S.NO.6566/2018 FILED UNDER ORDER 29 RULES 1 & 2 OF CPC BY THE RESPONDENT/PLAINTIFF WITHIN A PERIOD OF ONE MONTH.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The defendant filed the present writ petition to direct the learned trial Judge to consider and dispose of I.A. No.1/2018 filed for temporary injunction in O.S. No.6566/2018 on the file of the City Civil Judge, Bengaluru.
2. The respondent-plaintiff filed a suit for permanent injunction contending that he is the owner in possession of schedule property and defendant has no manner of right, title and interest in the suit property. On the application filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, the trial court, by the order dated 07.09.2018 granted exparte temporary injunction restraining the defendant from making any defamatory statements, false complaints against the plaintiff-firm or its partners. The defendant filed written statement and objection to the said I.A. The learned trial Judge instead of disposing of said I.A, extended the interim order from time to time up to 22.03.2019. Hence, the present writ petition.
3. I have heard the learned counsels for the parties to the lis.
4. Sri.K.Ananda, learned counsel for the petitioner- defendant contended that once exparte temporary injunction is granted by the trial court on the application filed by the plaintiff, as soon as appearance is made by the defendant by filing written statement and objections, learned trial Judge is bound to dispose of the same on merits. He further contended that in spite of the request made, the learned trial judge extended the interim order without disposing of said I.A. The same is contrary to the very intention of legislature while enacting the provisions of Order XXXIX Rule 3A of CPC. Therefore, he sought to allow the writ petition.
5. Per contra, Sri.R.P.Somashekaraiah, learned counsel for respondent-plaintiff fairly submitted that the trial Court may be directed to consider the I.A and dispose of the same in accordance with law. The said submission is placed on record.
6. Having heard learned counsels for the parties, it is undisputed fact that the plaintiff filed permanent injunction raising various contentions. The trial Court, by the order dated 07.09.2018, granted temporary injunction against the defendant till next date of hearing. Admittedly, the defendant appeared before the trial court on 09.01.2019 and filed written statement and objections. Hence, it was the duty of the learned judge to dispose of the I.A under Order XXXIX Rule 3A of CPC within the time stipulated instead of extending the interim order from time to time which is impermissible in law. In view of the above, the interim order extended by the trial court cannot be sustained. It is a fit case to direct the learned trial judge to dispose of the I.A as prayed for.
7. In view of the above, Writ Petition is allowed. The trial court is directed to consider I.A filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC after considering the objection and pass appropriate order in accordance with law as contemplated under Order XXXIX Rule 3A of CPC. It is open for the petitioner to file an application for advancement. If such an application is filed, the trial court is directed to consider the same and pass appropriate orders.
Ordered accordingly.
Sd/- JUDGE Cs/-