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2025 Supreme(Kar) 2045

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
Munikrishna C N, Son of Late Chikka Muniswamappa – Appellant
Versus
N.Ravi, Son Of Late Narasimhaiah – Respondent


Advocates Appeared:
For the Petitioner:Sri. K.B.S.Manian Advocate For Sri.Ramachandra Reddy B R., Advocate
For the Respondent:Sri. K.Balakrishna., Advocate

ORDER :

Pradeep Singh Yerur, J.

Heard learned counsel for the petitioner and learned counsel for the caveator/respondent Nos.1 and 2.

2. This petition is filed by the petitioner/appellant/plaintiff aggrieved by the impugned order passed by the 2nd Additional Senior Civil Judge and JMFC-Anekal in MA No.40/2024, dismissing the appeal filed by the plaintiff challenging the order passed by the III Additional Civil Judge, JMFC Anekal on IA No.1 in OS No. 596/2023, which was filed under Order XXXIX Rule 1 and Rule 2 read with Section 151 of CPC.

3. It is the contention of learned counsel Sri.K.B.S.Manian appearing on behalf of learned counsel Sri.Ramachandra Reddy B.R. that the impugned orders passed by the trial Court as well as the appellate Court on the application filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC is illegal, perverse, arbitrary and the same deserve to be set aside.

4. It is also the contention of learned counsel for the plaintiff that the suit is filed by the plaintiff for the relief of permanent injunction in which an application came to be filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC for an ad-interim order of temporary injunct

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