Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:34017 WP No. 20178 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 20178 OF 2025 (GM-CPC)
BETWEEN:
N.ABDULLA SAHEB S/O FAKRU SAHEB AGED ABOUT 73 YEARS RESIDING AT KIRIMANJESHWARA VILLAGE BYNDOOR TALUK, UDUPI DISTRICT - 576 219.
…PETITIONER (BY SRI AJITH A.SHETTY, ADVOCATE)
AND:
1.
SHEIKH FARHAN RAHAMATHULLAH S/O RAHAMATULLAH AGED ABOUT 32 YEARS RESIDING AT KIRIMANJESHWARA VILLAGE BYNDOOR TALUK, UDUPI DISTRICT - 576 210.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:34017 WP No. 20178 of 2025
2.
AMEER HAJI MOHAMMED @ K.B.AMEER S/O HAJI SAHEB @ HAJI MOHAMMED AGED ABOUT 75 YEARS RESIDING AT KIRIMANJESHWARA VILLAGE BYNDOOR TALUK, UDUPI DISTRICT - 576 210.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE
ORDER DATED 15TH DAY OF JULY, 2024 PASSED BY THE HON’BLE CIVIL JUDGE AND J.M.F.C (FIRST CLASS), BYNDOOR IN O.S NO. 18 OF 2024 AND THE ORDER DATED 12TH DECEMBER, 2024 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AT KUNDAPURA IN M.A NO. 20 OF 2024, AS PER ANNEXURES A AND B RESPECTIVELY.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:34017 WP No. 20178 of 2025
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER The petitioner - plaintiff is before this Court calling in question twin orders, one an order dated 15.07.2024, passed by the Civil Judge and JMFC (I Class), Byndoor, rejecting an application – I.A.No.II filed by the petitioner under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC, seeking temporary injunction in O.S.No.18/2024, and another is the order dated 12.12.2024, passed by the Court of Senior Civil Judge, Kundapura, in M.A.No.20/2024, which affirms the order dated
15.07.2024.
2. A perusal at both the orders would indicate that the temporary injunction is rejected on rendering cogent reasons and affirmed by the first appellate Court. In that light, the petitioner is at liberty to urge all the contentions before the concerned Court and the concerned Court shall endeavour to conclude the proceedings as expeditiously as possible, as a suit is only for injunction.
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HC-KAR NC: 2025:KHC:34017 WP No. 20178 of 2025
3. With the aforesaid observations and without interfering with the orders impugned, the writ petition stands disposed. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 21 CT:SS