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N R Krishnamurthy vs Pramila R D/O Late B Ramaiah & Others

Karnataka High Court · Decided on 16 April 2024 · Citation: (2024) 04 KAR CK 0023

HON’BLE JUDGES
S.R. Krishna Kumar, J
ACTS & SECTIONS REFERRED
Code Of Civil Procedure Code, 1908 — Order 39 Rule 3A
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 7710 Of 2024 (GM-CPC)
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Judgment

8 paragraphs · 344 words

S.R. Krishna Kumar, J

1.

In this petition, the limited grievance of the petitioner is that the pending interlocutory applications for temporary injunction, vacation of temporary injunction and modification filed by the parties have not been disposed of by the trial court resulting in irreparable hardship to the petitioner and therefore, the petitioner is before this court by way of the present petition.

2.

It is submitted that the matter is posted before the trial court on 18.04.2024 and necessary directions may be issued to the trial court to consider and dispose of the said applications within a stipulated time frame in the light of provisions contained in Order XXXIX Rule 3A of CPC.

3.

Per contra, learned counsel for respondent No.1/plaintiff submits that he has no objection for the pending interlocutory applications to be disposed of by the trial court in accordance with law.

4.

In view of the aforesaid facts and circumstances and the undisputed fact that the interlocutory applications filed by the parties are still pending consideration before the trial court which currently stands posted on 18.04.2024, without expressing any opinion on merits/demerits of the rights and contentions of the parties, I deem it just and appropriate to dispose of this petition directing the trial court to dispose of the interlocutory applications as expeditiously as possible.

5.

It is needless to state that in the light of the provisions contained in the Order XXXIX Rule 3A of CPC and the judgment of the Apex Court in the case of A. Venkatasubbiah Naidu vs. S. Chellappan & Others reported in 2007 (7) SCC 695, the trial court having passed the order of temporary injunction as long back as on 30.07.2021, the pending application for temporary injunction, application vacation of temporary injunction and application for modification filed by the parties are directed to be disposed off by the trial court on or before 30.06.2024.

Subject to the aforesaid directions, petition is disposed off.

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