IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR M.F.A. No.5814/2019 (CPC) BETWEEN:
SRI VENKATESH K., S/O SRI C. KRISHNAPPA, AGED ABOUT 48 YEARS, RESIDING AT NO.06, 4TH CROSS, PNS LAYOUT, KALYAN NAGAR, BENGALURU – 560 043. ... APPELLANT (BY SRI R. CHANDRASHEKAR, ADVOCATE) AND:
SRI DHARMENDRA KUMAR T., S/O SRI J. TARACHAND, AGED ABOUT 49 YEARS, RESIDING AT NO.101/F, MUDDAPPA BLOCK, JEEVANAHALLI, COXTOWN, BENGALURU – 560 005. … RESPONDENT THIS M.F.A. IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 21.06.2019, PASSED ON I.A. IN O.S. NO.4412/2019, ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25), THE PLAINTIFF HAS NOT MADE FOR GRANTING EX-PARTE TEMPORARY INJUNCTION FILED U/O 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
2 THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT, MADE THE FOLLOWING:
O R D E R The office objection is tenable.
2. The appellant has preferred this appeal just because the trial Court has refused to grant an ex parte order of temporary injunction. If the trial Court comes to the conclusion that ex parte order cannot be granted, the appellant-plaintiff is not remediless. After appearance of the defendant, the appellant can argue on application for temporary injunction. Therefore, this appeal is dismissed.
SD/- JUDGE VGR