- 1 - NC: 2025:KHC:13715 MFA No. 5559 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR M.F.A.NO. 5559/2023 (IPR) BETWEEN: M/S. SUKH SAGAR 3RD CROSS, GANDHINAGAR BENGALURU-560009 A PARTNERSHIP FIRM DULY REGISTERED UNDER PARTNERSHIP ACT, 1932 REPRESENTED BY ITS PARTNER MR. SURESH SUBBA POOJARI S/O LATE SUBBA POOJARI AGED ABOUT 82 YEARS, R/ NO.542, GANDHI BUILDING, SVP ROAD, CHOWPATHY MUMBAI-400007. …APPELLANT (BY SRI. M.J. ALVA, ADV.) AND: MR. DHANRAJ POOJARI C/O SURESH POOJARI, AGED ABOUT 45 YEARS, NO.542, GANDHI BUILDING, SVP ROAD, CHOWPATTY MUMBAI -400007. …RESPONDENT THIS APPEAL IS FILED U/O 43 RULE 1(R) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 21.04.2023 PASSED ON I.A.NO.2 AND 3 IN OS.NO.4734/2021 ON THE FILE OF THE Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13715 MFA No. 5559 of 2023 XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, DISMISSING THE I.A.NOS.2 AND 3 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Heard learned counsel Sri.M.J.Alva for appellant/plaintiff. 2. This appeal, by the plaintiff in O.S.No.4734/2021 is directed against the impugned order dated 21.04.2023 passed on I.A.No.2 and 3 in O.S.No.4734/2021 on the file of XVIII Additional City Civil Judge, Bengaluru, whereby the application I.A.Nos.2 and 3 filed by the appellant herein under Order XXXIX Rules 1 and 2 of CPC against the respondent/defendant were dismissed by the trial Court. 3. A perusal of the material on record would indicate that the plaintiff has instituted a suit against the respondent/defendant for permanent injunction and other - 3 - NC: 2025:KHC:13715 MFA No. 5559 of 2023 reliefs. Along with the suit, the plaintiffs/appellant having filed applications for temporary injunction restraining the defendant/respondent from infringing the well-established trademark of the appellant in respect of providing food and accommodation. The material on record would also indicate that there are several contentious issues and disputed questions of law and fact that arise for consideration between the parties in the suit that would necessarily have to be decided only after a full fledged trial. 4. Under these circumstances, I deem it just and appropriate to dispose of this appeal without expressing any opinion on merits/de-merits and rival contentions of the parties and by directing the trial Court to dispose of the suit as expeditiously as possible, without being influenced by the findings and observations recorded in the impugned order and the petition is disposed of accordingly. - 4 - NC: 2025:KHC:13715 MFA No. 5559 of 2023 All aspects of the matter are kept open and no opinion expressed in this appeal. Sd/- (S.R.KRISHNA KUMAR) JUDGE MPK CT:bms List No.: 1 Sl No.: 44