M R KRISHNAMURTHY Vs. M H GIRISH

JUDGEMENT

(1.) Heard the learned counsel for appellant and also the learned counsel for respondent with regard to the maintainability of this Miscellaneous First Appeal before this Court. Admittedly, the impugned order which is in challenge is passed by the I Addl. Civil Judge and JMFC, at Nelamangala in O.S.No.5/2022. The application filed under Order 39 Rule 1 and 2 of CPC was allowed and the impugned order of injunction has been granted, the same is challenged in this appeal. The office has raised the objection. This Court while considering the matter, kept open the maintainability and passed an interim order of status quo.

(2.) Now, the counsel appearing for the respondent would vehemently contend that this Miscellaneous First Appeal is not maintainable before this Court. The suit is filed for the relief of permanent injunction before the Civil Judge Junior Division and Miscellaneous Appeal lies before Senior division and not Miscellaneous First Appeal lies before this Court.

(3.) The counsel appearing for the appellant would vehemently contend that this Court has to look into the proviso of Sec. 52 of the Karnataka Court-Fee and Suits Valuation Act, 1958. The counsel also brought to notice of this Court the very proviso of Sec. 50(2) of the said Act, which reads as follows: