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2023 DIGILAW 458 (KAR)

Munirama Reddy v. Hanifa Begum

2023-03-16

S.R.KRISHNA KUMAR

body2023
JUDGMENT/ORDER S.R. Krishna Kumar, J. - This appeal by the plaintiff in O.S.No.318/2020 is directed against the impugned order dated 10.01.2023 passed on I.A.No.1 by the 4th Addl.Senior Civil Judge, Bengaluru Rural District, Bengaluru, whereby the said application filed by the appellant - plaintiff for temporary injunction restraining the respondents - defendants from interfering with the appellant's - plaintiff's peaceful possession and enjoyment of the suit schedule properties was dismissed by the trial court. 2. Since the relief sought for by the appellant - plaintiff is restricted against respondents 8 to 10 and 23, notice to the remaining respondents is dispensed with for the purpose of disposal of this appeal by this judgment. 3. Heard learned counsel for the appellant and learned counsel for respondents 8 to 10 and 23 and perused the material on record. 4. During the course of the present appeal, both sides have produced various documents which were not placed / produced before the trial court at the time of passing the impugned order and the trial court did not have the benefit of the said documents while passing the impugned order. It is also seen that several contentious issues arose for consideration between the parties based on the said documents. Under these circumstances and in the light of the undisputed fact that various documents produced by the parties to the present appeal were not available before the trial court at the time of passing the impugned order, without expressing any opinion on the merits / demerits of the rival contentions and in order to enable the trial court to pass a detailed and speaking / reasoned order by considering and appreciating the documents produced by both sides earlier and in the present appeal, I deem it just and proper to set aside the impugned order passed by the trial court and remit the matter back to the trial court for reconsideration I.A.No.1 afresh and pass appropriate orders in accordance with law after providing sufficient and reasonable opportunity to both sides and by considering and appreciating all the documents produced by them accordance with law. 5. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned order dated 10.01.2023 passed on I.A.No.1 in O.S.No.318/2020 by the 4th Addl.Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside. 5. In the result, I pass the following:- ORDER (i) Appeal is hereby allowed. (ii) The impugned order dated 10.01.2023 passed on I.A.No.1 in O.S.No.318/2020 by the 4th Addl.Senior Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside. (iii) The matter is remitted back to the trial court for reconsideration I.A.No.1 afresh in accordance with law. (iv) Liberty is reserved in favour of the appellant as well as respondents 8 to 10 and 23 to file additional documents produced by them in the present appeal as well as the any other additional documents relied upon by them before the trial court, which shall consider and appreciate the entire material on record and pass appropriate orders afresh in accordance with law on or before 06.04.2023 without being influenced by the findings and observations made in the impugned order. (v) The trial court is directed to pre-pone / advance the suit from 28.03.2023 to 20.03.2023 to enable the compliance of the directions issued in this order and liberty is reserved in favour of the parties to file appropriate applications and request the trial court to pre-pone / advance the matter to 20.03.2023. (vi) The submission made by the learned counsel for the appellant that the appellant shall not go near the suit schedule property till the trial court pass the appropriate orders is placed on record; so also, the submission made by learned counsel for respondents 8 to 10 and 23 that they would not put up any construction on the suit schedule property till the trial court passes the appropriate orders on I.A.No.1 as directed in this order is placed on record.