IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10th DAY OF AUGUST, _
BEFORE
THE HoN'BLI«:, MR. JUSTICE B._SREEN§"VASfi§_';VGOWDA-,_ M' '
M.F.A. N0. 7552 of 200801096. id'.
BETWEEN: T A
Sri. Prasad,
S/0. Sri. H. Chinnaiah,
Aged about 29 years, " ' .
Residing at No.14, Amar__Layout_, , "
Near M.K. Industries, Deepafisspital Road,
K.R. Puram 4'
Bangalore ----,;:'56'O«._O3v8";_ V
_ ~ ' ' APPELLANT
{By for appellant.)
AND:
smmaanjula. -
W] 0'. 'AP1iI1dareekaksha,
W yeti' absut. 39 'Years,
Bangalore' 4~« .560 003.
Resid.i:igv.at. 19* Cross, Pipeline,
Malleswararfij,
... RESPONDENT
Krishna Swamy, Adv. for Respondent.)
This MFA is filed u/ 0 43 Ru1e{1] (r} of CPC against
Aim order dated 23.06.2008 passed on 1. A. No. IV in o.s.
%,
EN.)
No. 25225/2007 on the file of the X111 Addl. City Civil
Judge, Bangalore, (CCH.No.22), allowing the IA filed
11/0. 39 Rule 2A CPC praying to send the plaintiff therein
to civil prison for disobeying the terms and conditions of
the order passed on 13.02.2007 on the application. filedvby
the plaintiff U/O. 39 Rules 1 and 2 of CPC. V
This appeal coming on for admission,»l:this:.l_day,l
Court, delivered the following:
This appeal is by the p1.ai.ntiff «against lt1i{:g:’* ,
trial court dt.23–6~O8 passed under Order
39 Rule 2–A of CPC by _
pThoiighlll9.this:V””r(iatter is listed for admission,
with theCconsent».oiiwlbotliilparties, it is taken up for final
disposal.
_ thelfllslake of convenience, the parties are
are referred to in the suit before the
_ tIia1″‘Cou.,i’f.
The plaintiff has brought this suit
V -.._l:’:O.lS3.No.25225/O7 for the relief of permanent injunction.
flfir
Along with the suit, he made an application I:A.No.l
under Order 39 Rules 1 and 2 of CPC seeking of
temporary injunction restraining the
interfering with his peaceful possession V’ ‘
the suit property. The trial Court’:.passed .
2–O7 as under: it it 4 l V
“till next date of Vh.earing;.,p’parties»..t.o.the
suit are directed quo as
stood as on today_._f’ be any
constructittnon the sched1iIe.i_pro_perty Without
the lea.ve”o_1_’p _ V
5. The an application I.A.No.4
under Order=_39 CPC praying to send the
“91ajnfiff§gtloi’~Civill’dprilsVoifi.for disobeying the terms and
order passed on 13-2-07 on the
V application the plaintiff under Order 39 Rules 1
and 2 of CPVC. C it
impugned order, allowed the application as under :
The trial Court after hearing both the parties,
“1) I.A.No.IV filed by the defendant
under Order 39 Rule 2A ope is herel.:>y_’l”‘a,_V
allowed with costs of Rs.2,OO0/~~. .4 it
2) It is hereby orderedialxd heldllthlat
plaintiff has willfully disob,eye,dthe,o:r*der4″cf.,,.,,__A A’
status quo dated 13§2f2O047′—gpassed:~i.nl..V’the
case and has the it
conditions irnposed: ” V ._ ‘ -~ ., _ theretinder.
Consequently, it hereby to detain
the plaintiff jlof Sri.
H.Chinr1:ai:*d;1′:- in term of 2
months’ d’ays}: _ “–“_Aecordingly, issue
cornnlittal-viéiarrant; ”
E3) — The “*»shall pay the costs
awarded to the d_efe.ndant.”
_,;:fh.e4.,A.V’plaintiff aggrieved by this order has
». preferredl
lafter–..argti71’ng the matter for some time, has suggested that
plaintiff in the event of losing in the suit is prepared to
‘A8,. The learned Counsel appearing for the plaintiff,
deliver and hand over the possession of the suit property
along with the construction made thereon..Vl_i’-toi~.._ the
defendant without pleading any equity and
incorporated in the decree to be”passed’on–:the”-cozuriter’»_
claim of the defendant and the file
an undertaking to that effeci’.llby__way’ofV:an
9. The learrliedl”.Cloiinsel”mappearing for the
defendant subn1i.t-S,’ if .gii/.es«.:.:a}tlilunde1*taking by
filing an affidayitfias stat_ed…_abo\}fe, defendant has no
objection__ directing the trial
Court to, dispose of on merits.
io, Ae”eordin’gly;- lathe plaintiff has filed an
an affidavit and it is taken on
it View of the same, the appeal is allowed and
‘li”i-impugned order is set aside and the trial Court is
__”direeted to dispose of the suit as expeditiously as possible.
fie
In the event of the trial Court dismissing the suit of the
plaintiff and decreeing the counter claim of the defendant,
is directed to incorporate the undertaking
plaintiff by way of an affidavit in the decre_e:: V I
12. The.. Office is directed :’reAtz_.1_’r’n’.:”theV:”‘reémfds
and also the affidavit filed pilailfitiff
forthwith .