LEVIN D SOUZA Vs. ANANTHARAJA CHARITABLE TRUST

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 17/6/2023 passed on I.A. No.II in M.A. No.23/2023 by the Prl. Senior Civil Judge & CJM., Udupi, (for short, ' First Appellate Court') whereby the said application filed by the petitioner - appellant under Order XXXIX Rule 1 and 2 of The Code Of Civil Procedure, 1908 (for short, 'CPC') for temporary injunction against the respondents was dismissed by the First Appellate Court.

(2.) Heard the learned Senior Counsel Mr. P.P. Hegde for petitioner and learned counsel for respondents.

(3.) The material on record discloses that the petitioner - plaintiff instituted the suit in O.S. No.376/2023 against the respondent No.1 - Trust and respondents No.2 to 4 - Trustees for permanent injunction and other reliefs. The said suit is being contested by the respondents - defendants. By order dtd. 13/6/2023, the said suit was disposed of by the Trial Court by directing return of the plaint for re-presentation before the proper Court / Forum of competent jurisdiction. Aggrieved by the said order passed by the Trial Court, the petitioner - plaintiff has preferred an appeal in M.A. No.23/2023 in which the petitioner - appellant filed the instant application I.A. No.II for temporary injunction and the same having been opposed by the respondents, the First Appellate Court proceeded to pass the impugned order rejecting I.A. No.II, aggrieved by which the petitioner is before this Court by way of the present petition.