IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH MISCELLANEOUS FIRST APPEAL NO.8225/2024 (CPC)

BETWEEN:

SRI K. DHARMENDRA S/O M. KRISHNASWAMY AGED ABOUT 50 YEARS RESIDING AT NO.81 GPR GRAND LAYOUT HOSUR MAIN ROAD OLD CHANDAPURA ANEKAL TALUK BANGALORE-560099. … APPELLANT (BY SRI C.S.PRASANNA KUMAR, ADVOCATE FOR SRI K P BHUVAN, ADVOCATE)

AND:

SRI GOPINATH MUPPIRI S/O LATE M. KRISHNAMMA NAIDU AGED ABOUT 55 YEARS R/O NO.46, DESAI GRADEN VASANTHPURA MAIN ROAD KONANKUNTE CROSS KANAKAPURA ROAD BANGALORE-560062 … RESPONDENT (BY SRI AJITH A. SHETTY, ADVOCATE FOR C/R)

THIS M.F.A. IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 30.11.2024 PASSED ON I.A. NOS.1/2024 AND 2/2024 IN O.S.NO.25367/2024 ON THE FILE OF THE LVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU (CCH-58), REJECTING I.A. NO.1/2024 FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ALLOWING THE I.A.2/2024 FILED UNDER ORDER 39 RULE 4 OF CPC FOR VACATING TEMPORARY INJUNCTION GRANTED ON 23.04.2024.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 17.12.2024 THIS DAY, THE COURT PRONOUNCED T