V. Nagarajappa & Others vs Munithayamma & Others

S.R. Krishna Kumar, J

Heard learned counsel for the appellant and perused the material on record.

Appellants / defendants are aggrieved by the impugned order dated 23.04.2021 passed by the trial Court on I.A.No.9 filed by the respondents /

plaintiffs for temporary injunction restraining the appellants / defendants from selling, alienating, encumbering or creating any charge over the suit

schedule property shown in the said application. It is the grievance of the appellants that despite filing objections to the said application, the trial Court

committed a grave and serious error of law by passing unreasoned, non-speaking and cryptic order restraining the appellants / defendants from

alienating, encumbering or selling the suit schedule property, without any application of mind and without assigning any reasons thereby warranting

interference by this Court in the present appeal. It is also submitted that the matter was not taken up even on the next date of hearing i.e., on

7.06.2021 by the trial Court and instead, the aforesaid interim order dated 23.04.2021 has been extended till the next date of hearing i.e., till 19.08.2021

resulting in irreparable injury and hardship to the appellants.

As rightly contended by the learned counsel for the appellants, a perusal of the impugned order will indicate that the same is cryptic, non-speaking

and unreasoned order passed by the trial Court without assigning reasons and without application of mind. It is also relevant to state that despite not

disposing of the I.A.No.9 by the impugned order, the trial Court has not posted the said application for hearing on 19.08.2021. However, having regard

to the fact that the matter was subsequently adjourned from 07.06.2021 to 19.08.2021, without expressing any opinion on the merits / demerits of the

rival contentions, I deem it just and appropriate to dispose of this appeal reserving liberty in favour of the appellants to get the case preponed /

advanced before the trial Court from 19.08.2021 to 09.07.2021 after notifying the respondents so as to enable the trial Court to consider and dispose of

I.A.No.9 on merits by a speaking order after giving opportunity to both sides, in accordance with law, within a period of two weeks from 09.07.2021.

In the event there is vacancy of the post of the Presiding Officer of the trial Court, before whom the aforesaid suit is pending, the Presiding Officer

who is holding in-charge / concurrent charge of the said trial Court is directed to comply with this order as stated supra.

Subject to the aforesaid directions, appeal stands disposed of.