SURYAKANT Vs. BASAVARAJ

JUDGEMENT

(1.) Heard Sri H.M.Dharigond, learned counsel for petitioner and Sri Shriharsh A. Neelopant, learned counsel for respondents No.1 to 7.

(2.) This petition is filed by the petitioner-plaintiff seeking to quash order dtd. 28/2/2022, passed in M.A.No.1/2022 by the I Addl. Senior Civil Judge, Gokak, vide Annexure-K.

(3.) The petitioner filed a suit against the respondents and along with the plaint he filed application in I.A.No.1 under Order 39 Rule 1 and 2 of CPC seeking an exparte order of temporary injunction. The trial Court granted an exparte ad-interim temporary injunction in favour of the petitioner-plaintiff. Thereafter the respondents on appearance filed objections to the application and I.A.No.2 under Order 39 Rule 4 read with sec. 151 of CPC for vacating the said exparte interim order of injunction. During the pendency of the applications I.A.Nos.1 and 2 before the trial Court, respondents filed Miscellaneous Appeal in M.A.No.1/2022 before the Senior Civil Judge, Gokak, challenging the order of temporary injunction granted in favour of the plaintiff.