IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.8471/2019 BETWEEN:
SRI V.RAJANNA S/O LATE VENKATAPPA AGED ABOUT 45 YEARS R/AT NO.58, ‘SHANTHIVANA’ 2ND CROSS, AMBEDKAR RESIDENCY SAHAKARANAGARA POST BANGALORE – 560 092 … APPELLANT (BY SRI R.P.SOMASHEKARAIAH FOR SRI THIMMEGOWDA N. ADVOCATES) AND:
1. SMT.POORNIMA G. W/O VENUGOPAL NAIK AGED ABOUT 35 YEARS R/AT 2822, ‘B’ BLOCK 14TH MAIN, 3RD CROSS SAHAKARANAGARA POST BANGALORE – 560 092 2. SMT.THIMMAKKA W/O LATE HANUMANTHAPPA AGED ABOUT 70 YEARS 3. SRI VENKATESH H S/O LATE HANUMANTHAPPA AGED ABOUT 56 YEARS 4. SRI NARAYANA H.
S/O LATE HANUMANTHAPPA AGED ABOUT 48 YEARS 5. SRI KRISHNA MURTHY H. S/O LATE HANUMANTHAPPA AGED ABOUT 45 YEARS 6. SRI SHIVAKUMAR H.
S/O LATE HANUMANTHAPPA AGED ABOUT 38 YEARS R2 TO R6 ARE R/AT OLD NO.14/3, NEW NO.9 OLD MARUTHINAGARA NOW CALLED AS AMBEDKAR RESIDENCY 2ND CROSS, SHANTHIVANA SAHAKARANAGAR POST BANGALORE – 560 092 … RESPONDENTS (BY SRI MOHAN S., ADVOCATE FOR C/R6) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 11.10.2019 PASSED BY THE V ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ON I.A.NOs.I TO III IN O.S.NO.4376/2019.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Appellant in this appeal has challenged the order dated 11.10.2019 passed by the V Additional City Civil & Sessions Judge, Bengaluru. By the impugned order, the trial Court rejected I.A.Nos.1 and 2 filed by the appellant-plaintiff for grant of injunction and allowed I.A.No.3 filed by defendant Nos.2, 3 and 6/respondent Nos.2, 3 and 6 under Order XXXIX Rule 4 of CPC and vacated the ex parte temporary injunction granted in favour of the appellant under I.A.Nos.1 and 2.
2. In respect of the very subject matter, the plaintiff-appellant had filed O.S.No.281/2019 before the III Additional City Civil & Sessions Judge (CCH-25), Bengaluru against the present respondents for partition etc.
3. The trial Court passed the impugned order against the appellant holding that he has suppressed the material fact and the pendency of other multiple suits between the same parties.
4. Learned Counsel for the appellant submits that reserving liberty to seek appropriate remedy in O.S.No.281/2019 which is comprehensive suit, this appeal may be disposed of.
5. Having regard to the submission and the facts and circumstances of the case, the appeal is disposed of reserving liberty to the appellant to seek appropriate remedy in O.S.No.281/2019 on the file of III Additional City Civil & Sessions Judge (CCH-25), Bengaluru.
No order as to costs.
In view of disposal of the appeal, I.A.No.1/2019 for temporary injunction stood disposed of.
KSR Sd/- JUDGE