- 1 - HC-KAR NC: 2025:KHC:24207 MFA No. 317 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 317 OF 2025 (CPC) BETWEEN: SMT. SUMALATHA W/O. SRI. SURESH. K, AGED ABOUT 42 YEARS, RESIDING AT NO. 11A, BENGALURU DIARY QUARTERS, D.R. COLLEGE POST, BENGALURU - 560 029. …APPELLANT (BY SRI. SANDESH C.R, ADVOCATE FOR SRI. JAYARAJ D.S, ADVOCATE) AND: SRI. VIGNESH K.G, S/O. KINHANNA SHETTY, AGED ABOUT 31 YEARS, RESIDING AT 1ST FLOOR, DOOR NO. 37, 1ST CROSS, 2ND MAIN ROAD, POTHALAPPA GARDEN, ADUGODI, DT - BENGALURU KARNATAKA-560 030 …RESPONDENT (BY SRI. NARASIMHA RAJESH K.S, ADVOCATE) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 05.11.2024 PASSED ON I.A.NO.1 IN OS.NO.1582/2024 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU SCCH-19, ALLOWING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. Digitally signed by SHAKAMBARI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24207 MFA No. 317 of 2025 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT Heard on both sides at length. 2. Learned counsel for the appellant/defendant submits that being aggrieved by the orders on I.A.No.1 dated 05.11.2024 passed in OS.No.1582/2024 by the VII Additional City Civil and Sessions Judge, (CCH-19) Bengaluru, this appeal is preferred. 3. It is submitted by the learned counsel for the appellant that, he is infact a licensee under the KMF to do the business of vending milk products of Nandini. It is stated that because of certain reasons, he employed the respondent/plaintiff to continue his business. But now the respondent has filed a suit and obtained injunction against him. 4. Per contra, learned counsel for the plaintiff/respondent submits that, plaintiff is running the business as a tenant. As there was interference by the defendant, he was constrained to file the suit. - 3 - HC-KAR NC: 2025:KHC:24207 MFA No. 317 of 2025 5. The learned trial Court has granted interim injunction against the defendant, restraining him from illegally interfering with the possession of plaintiff over the suit schedule premises till the disposal of suit. 6. It is submitted by the learned counsel for the appellant that, in fact the respondent/plaintiff is a licensee running the business and the respondent is in permissive possession of the property. Therefore, he cannot claim any injunction against the licensee. 7. Learned counsel for the respondent submits that, he is still doing the business in the suit schedule property and intends to continue his business. As the question of lease and license set up by the appellant and lease set up the plaintiff/respondent, is to be adjudicated by the trial Court in OS.No.1582/2024, both the counsels are fair enough to submit before this Court that, if the trial Court is requested to dispose of the suit at an earliest point of time, it would meet the ends of justice. 8. Learned counsel for both the parties submits that, they would co-operate with the early disposal of the case, as - 4 - HC-KAR NC: 2025:KHC:24207 MFA No. 317 of 2025 the matter involves decision to be decided on merits in a full fledged trial and hence, it is just and proper to request the trial Court to dispose of the suit at an earliest point of time within an outer limit of 6 months from the date of production of certified copy of this order. The trial Court shall make all its endeavour to dispose of the suit with all its promptitude within the outer limit of 6 months. 9. In view of the aforesaid submissions by both the side, the plaintiff/respondent is hereby directed to go on depositing the so called license fee/rent before the trial Court upto date without fail. If the respondent fails to deposit the upto date license fee or the rent, automatically, the injunction order passed by the trial Court stands vacated. It will continue if the respondent continue to deposit the license fee or rent. 10. The appellant/defendant is also directed to co- operate to continue the business in doing Nandini milk products by the respondent. 11. The respondent is granted one month time to deposit the arrears of license fee/rent and shall go on paying the regular rent license fee. - 5 - HC-KAR NC: 2025:KHC:24207 MFA No. 317 of 2025 12. The learned trial Court is requested to dispose of the suit on merits within the outer limit of 6 months from the date of production of certified copy of this order. 13. Both the parties are directed to co-operate the Trial and for disposal without seeking any further adjournments. With these observations, the appeal is disposed of. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PK List No.: 1 Sl No.: 23 CT: BHK