H N Siddalingaiah & Others vs Nanjundaiah & Others

S.R. Krishna Kumar, J

Heard learned Senior counsel for the petitioners, learned counsel for the respondent No.5 and perused the material on record. For the order proposed, notice to the remaining respondents stands dispensed with.

On 27.06.2023, this Court passed the following order:

"Heard learned Senior counsel for the petitioners and perused the material on record.

In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned Senior counsel submits that despite the petitioners filing an application seeking temporary injunction on 01.02.2023 restraining respondent No.5-defendant No.5 from changing or altering the nature and character of the suit schedule property and the repeated request made by the petitioners to the Trial Court to consider the said application in addition to seeking preponement of the case from 10.07.2023 to 19.06.2023, the Trial Court is not considering the said application and as such, there is urgency in the matter.

The said submission is placed on record.

Issue emergent notice to the respondents returnable by 17.07.2023.

Petitioners are permitted to serve learned counsel for the respondents in the suit before the Trial Court.

In the meanwhile, both parties are directed to maintain status quo as regards nature, character, construction etc., in relation to the suit schedule property till the next date of hearing.

Liberty is reserved in favour of the respondents to seek modification/vacation of this order."

Learned counsel for the parties submit that the matter is posted before the trial Court on 10.07.2023 for filing of objections to I.A.No.VII filed by the petitioners for temporary injunction against the respondent No.5-defendant No.5.

Learned counsel for the respondent No.5 submits that the respondent No.5 would file objections to I.A.No.VII and argue the matter on 10.07.2023. So also the learned Senior counsel for the petitioners submit that the petitioners would also submit their arguments on I.A.No.VII on 10.07.2023.

In view of the aforesaid facts and circumstances and the joint submission made on behalf of the petitioners and respondent No.5, without expressing any opinion on the merits/demerits of the rival claims and leaving open all contentions to be addressed by the trial Court, I deem it just and appropriate to dispose of this petition directing the trial Court to dispose of I.A.No.VII on or before 18.07.2023.

It is further directed that till the trial Court disposes of I.A.No.VII, the aforesaid interim order dated 27.06.2023 passed by this Court will continue to operate and remain in force between the parties. However, the trial Court shall consider and dispose of I.A.No.VII without being influenced by the findings/observations, if any, in this order or in the aforesaid interim order.

All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

Subject to the aforesaid observations, the petition stands disposed of.