S.L.RAJESH Vs. SURESH T.HEGDE

JUDGEMENT

(1.) Heard Sri. C. Shankar Reddy, learned counsel appearing for the appellant and Sri. Ramachandra G. Bhat, learned counsel appearing for the respondent.

(2.) Appeal by the plaintiff challenging the order dtd. 7/2/2017 passed in O.S.No.63/2016 whereby learned Trial Judge while passing the order, on order XXXIX Rule 1 and 2 of CPC not only dismissed the application with cost of Rs.5000.00, but also rejected the plaint.

(3.) Reiterating the grounds urged in the appeal memo, Sri C. Shankar Reddy, learned counsel submits that, the matter was heard on I.A.No.1 filed by the plaintiff wherein exparte termporary injunction was granted and after filing the objections by the defendant, the matter was posted for passing orders on I.A.No.1. While so passing the orders on IA.No.1, the learned Trial Judge without hearing the plaintiff, proceeded to reject the plaint and therefore, per se the impugned order is illegal and sought for allowing the appeal.