- 1 - HC-KAR NC: 2025:KHC:32231 MFA No. 5985 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5985 OF 2025 (CPC) BETWEEN: GHOUSE AHAMED AGED ABOUT 73 YEARS, S/O H M ABDUL RASHID, R/O MASJID ROAD, NEAR ANJANEYA TEMPLE, HARANAHALLI VILLAGE, KASABA HOBLI, ARSIKERE TALUK, HASSAN DISTRICT 3 573 103 &APPELLANT (BY SRI. UDAY K. S., ADVOCATE) AND: 1. H SUHEL SHEAK AGED ABOUT 45 YEARS, S/O IDAYATH ULLA BABU MIYA SHEK 2. RAHILIQBAL SHAIKH AGED ABOUT 38 YEARS, S/O HIDAYATULLA BABUMIYA SHEK RESPONDENTS 1 AND 2 ARE R/O BELAGUMBA AND BELAGUMBA GOLLARAHATTI VILLAGE, KASABA HOBLI, ARSIKERE TALUK, HASSAN DISTRICT. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32231 MFA No. 5985 of 2025 ANOTHER ADDRESS:- MANEEK HALL, EAST STREET PUNE 411 007. OFFICE ADDRESS: MAY FAIR BUILDERS, NO. 671, TABOOT STREE OF MAHATHMA GANDHI ROAD, CAMP PUNE MAHARASHTRA 3 411 011. 3. HARSHA M. S., AGED ABOUT 34 YEARS, R/O NO. 291, 2ND MAIN ROAD, 3RD CROSS, SARASWATHIPURAM, MYSORE CITY 3 570 009. 4. KOTRESH KUMAR KALAPURA MATA MAJOR IN AGE, S/O NAGABHUSHANAIAH KALAPURA MATA R/O NO. 40, PLOT NO. 201 RAGHAVENDRA RESIDENCY , 17 F CROSS 12TH MAIN, NEAR 100 FT., RING ROAD, J P NAGARA , 5TH PHASE, BANGALORE SOUTH BANGALORE 3 560 078 &RESPONDENTS (BY SRI. DAYANAND S. PATIL, ADVOCATE FOR C/R3 & R4 IN (CP16466/25)) THIS MFA FILED U/O 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 26.06.2025 PASSED ON I.A.NO.I IN OS.NO. 187/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., ARASIKERE, IN TIME. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:32231 MFA No. 5985 of 2025 ORAL JUDGMENT The appellant/plaintiff has preferred the appeal challenging the order dated 20.06.2025 on I.A.No.1 for vacating the exparte interim order dated 03.05.2025 passed by the learned Senior Civil Judge & JMFC., Arasikere. 2. The appellant/plaintiff has filed the suit for specific performance of contract and the trial Court has granted an exparte order of temporary injunction on I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC on 03.05.2025. 3. On 20.06.2025, the trial Court upon accepting the submission made by the learned counsel for the respondents/defendants that the agreement of sale is not sufficiently stamped as per Article 5(3)(2) of Amended Karnataka Stamp Act, the exparte order of temporary injunction is vacated. - 4 - HC-KAR NC: 2025:KHC:32231 MFA No. 5985 of 2025 4. Now before the trial Court in the suit I.A.No.1 is pending for consideration. Therefore, the parties are directed to address the argument on I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC and the trial Court shall pass appropriate order in accordance with law on its merits. 5. The parties shall appear before the trial Court on 01.09.2025 and address the argument at their convenient. The trial Court is directed to pass an appropriate order on I.A.No.1 as per law. 6. With these observations, appeal is disposed of. In view of disposal of the appeal, I.As., if any, does not survive for consideration and it is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB, List No.: 2 Sl No.: 4