High Court Karnataka High Court

Sri Prakash V Jain vs Smt N Roopa on 3 September, 2010

Karnataka High Court
Sri Prakash V Jain vs Smt N Roopa on 3 September, 2010
Author: H.Billappa
I-Aged. abaiit  years,

IN THE HIGH COURT OF KARNATAKA, 

DATED THIS THE 03% DAY OF' SEPTEMBER 17¢}; a V

BE? ORE

THE HONBLE MR.JUSTICE'H.BéILLAf':E§'§,.   

MFA.No.7318/2o1b«.(¢?C)

BETWEEN:

Sn'.Prakash V.Jai1'1,

S/o.late Vijay Raj Jain,

Aged about 38 years, -. V g
R/a.No.208, 2nd Floor,  
Flat No.202, 3"'  '
Chamarajpet, 4.  {E  '
Bangalore ----560   '

[By sr1.B.R;Viéw¢%§¢atf§§E§V  

AND:

---......_............._

Smt.N.RQopa,  ' ~. 
W/o.1at.e :fI'.C'.~Suresh'.--~ . __

N'=:,>:39:,"1§§ 1V{ain',«..K;v€3.Road,
Bangalore  

***$**

 [By SI'i;A._VRavm*  Adv. for C / R.)

L/

. . .APPELLANT

. . . RESPONDENT

é This MFA is filed u/0.43 R.1(r] of cpc, against the
“A7_”.,_;orde14?df.I0-8-2010, passed on I.A.No.1 in O.S.No.4055/2010

temporary injunction and it has been rejected. Therefore, this

appeal.

6. The learned counsel for the appeii’ant’.ivcontended

that the trial Court was not justified..:’

application. He also submittecllthat the appelliiarit~ha.s-ilbeen.l’

inducted as a tenant and the has” sum of
‘<'.14,00,000/- to one appellant is in

possession and enjoyrnent.'of"thcsuit_ property and

therefore, the l:.V'J§l.lS._.flE_)'t in rejecting the

application.__ the appellant has

produced and Bank pass book to
show his posse-s_sionlll'andl_thlerefore, the Trial Court was not
justified rejecting'theapplication. He, therefore, submitted

-impugned””order cannot be sustained in law.

7.t this, the learned counsel for the

‘””zrespondepnt”submitted that the respondent has entered into

with M/s.Adarsha Shelters Private Limited

respondent has been put in possession and the

4/

Therefore, it is improper to grant injunction in favour of the

appellant. Therefore, the appeal is liable to be

10. Accordingly, the appeal is dismisse_c1_._:i- %

Misc.Cvl.No.13883/2O1O doeisi

consideration and accordingly, it isfrejecihed, ‘

Bss/JS.