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2025 DAILYLAW 52939 (KAR)

SHRI GIRISH S/O IRAPPA PATTANSHETTI v. SHRI VISHWANATH S/O SHIVAPPA PATTANSHETTI,

MFA/100086/2025 · 2025-09-08

Ashok S Kinagi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:11626 MFA No. 100086 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100086 OF 2025 BETWEEN: SHRI. GIRISH S/O IRAPPA PATTANSHETTI AGE: 57 YEARS, OCC. AGRICULTURE, R/O. HOUSE NO.42, JAIN GALLI, KUDACHI TQ. RAIBAG, DIST. BELAGAVI-591317. …APPELLANT (BY SRI. SANGRAM S. KULKARNI, ADV) AND: SHRI. VISHWANATH S/O SHIVAPPA PATTANSHETTI, AGE: 78 YEARS, OCC. AGRICULTURE, R/O KUDACHI, TQ. RAIBAG, DIST. BELAGAVI-591317. …RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, 1908, PRAYING TO ALLOW THE TOP NOTED MFA AND SET ASIDE THE IMPUGNED ORDER PASSED ON I.A.NO.1 DATED 11.11.2024 IN O.S.NO.29/2024 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.11 12:13:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11626 MFA No. 100086 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The appellant being aggrieved by the order on I.A.I dated 11.11.2024 passed in O.S. No.29/2024 by the learned Senior Civil Judge and JMFC, Raibag, filed this appeal. 2. I have perused the impugned order wherein the trial Court has granted an order of temporary injunction for a period of six months from the date of the order i.e., 11.11.2024. 3. The interim order granted for a period of six months expired in the month of May 2025. In view of the same, noting survives for consideration in this appeal. 4. Accordingly, the appeal is dismissed as having become infructuous. The trial Court is directed to dispose of the suit without being influenced by any of the observations made in the impugned order. All the contentions of the parties are kept open. - 3 - HC-KAR NC: 2025:KHC-D:11626 MFA No. 100086 of 2025 In view of dismissal of the appeal, I.A.1/2025 does not survive for consideration. Accordingly, the same stands disposed off. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB