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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
B.R. Ramesh S/o B.Rangaiah Shetty – Appellant
Versus
Kanthamma Dead By Lr – Respondent
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
MFA No.5938/2025 is filed by the plaintiff questioning the order dated 05.06.2025 passed by the Court of Principal Senior Civil Judge and CJM at Chikkaballapur, in O.S.No.121/2019 on I.A.No.17 filed under Order XXXIX Rule 1, 2 and 7 of CPC, thereby, I.A.No.17 filed for grant of order of ad-interim temporary injunction to restrain the defendants is dismissed.
2. MFA No.5678/2025 is filed by the plaintiff questioning the common order dated 12.03.2024 passed by the Court of Principal Senior Civil Judge and CJM at Chikkaballapur, in O.S.No.121/2019, on I.A.No.15 filed under Order XXXIX Rule 1 of CPC and on I.A.No.16 filed under Section 151 of CPC, thereby, I.A.No.15 filed for extension of the interim order granted on 17.08.2023 is rejected and I.A.No.16 filed requesting the Court to record that order dated 17.08.2023 granting temporary injunction in favour of plaintiff stands vacated on 17.02.2024, is allowed.
3. The plaintiff has filed suit for specific performance pleading that the defendant No.1 is the owner of the suit schedule property and there was an agreement of sale between the plaintiff and defendant No.1 on 01.12.2006 for a sale considerati
A plaintiff's delay in filing a suit impacts the entitlement to injunction and specific performance, as timely prosecution and adherence to evidential requirements are essential for equitable relief.
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
The main legal point established in the judgment is the requirement to prove readiness and willingness to perform essential terms of the contract within a reasonable time, the significance of the tim....
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