DATED.

17.03.2021,

PASSED

ON

IA.NO.II

IN

O.S.

NO.6307/2020, ON THE FILE OF THE X-ADDITIONAL CITY CIVIL AND

SESSIONS JUDGE, BENGALURU, ALLOWING THE IA. NO.II FILED

U/O.39 RULE 4 R/W. SEC.151 OF CPC BY THE DEFENDANT.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

1.

This appeal by the plaintiff in O.S.No.6307/2020 on the file of

the X Additional City Civil and Sessions Judge, Bengaluru (for short

“the Trial Court”) is directed against the impugned common Order

dated 17.03.2021 passed on I.A.Nos.1 and 2, whereby the Trial

Court vacated the order of status quo passed in the said suit.

2.

Heard learned counsel for the appellant, learned counsel for

the respondent and perused the material on record.

3.

The material on record discloses that the appellant-plaintiff

instituted the aforesaid suit for permanent injunction and for other

reliefs against the respondent-defendant in relation to the suit

schedule immovable property. Along with the suit, the appellant

filed I.A.No.1 under Order 39 Rules 1 and 2 CPC, on which the

Trial Court passed an ad interim exparte order of status quo on

22.12.2020

and

the

respondent-defendant

having

entered

appearance and filing I.A.No.2 under Order 39 Rule 4 CPC seeking

- 3 -

vacating of the order of the exparte status quo order, the Trial

Court passed a common order rejecting I.A.No.1 and allowing

I.A.No.2, thereby vacating the order of status quo. It is relevant to

state that the impugned order was passed on 17.03.2021 and for

almost two years, the appellant has not had the benefit of any

interim order in the present appeal also.

4.

Under these circumstances, since the material on record

discloses that there are several contentious issues and disputed

questions of fact and law that arise for consideration in the suit

before the Trial Court, without expressing any opinion on the merits

on the rival contentions, I deem it just and appropriate to dispose of

this appeal without interfering with the impugned order and by

directing the Trial Court to dispose of the suit on merits, as

expeditiously as possible, without being influenced by the

observations and findings recorded in the impugned order.

5.

With the above observations and directions, the appeal

stands disposed of.

Sd/-

JUDGE

BMC

List No.: 1 Sl No.: 31