ADISHAKTI MAHAPEETHA, A RELIGIOUS, EDUCATIONAL AND CHARITABLE TRUST AND ORS. Vs. VIDWAN SRI KRISHNANAND BHARATI SWAMI

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 4-8-2012 passed in M.A. No. 7 of 2012 and in that light is seeking confirmation of the order dated 16-4-2012 passed on I.A. No. 10 in OS. No. 132 of 2007. The petitioner herein is the plaintiff in O.S. No. 132 of 2007. In the said suit, an order of status quo had been granted at the first instance. The plaintiff alleges that despite the grant of an order of status quo in his favour, the defendant in a high handed manner had dispossessed the plaintiff.

(2.) In that view, I.A. No. 10 was filed in the suit under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking the relief of ad interim mandatory injunction against the defendant to handover the possession of the property. The defendant had filed I.A. No. 13 under Order 39, Rules 3 and 4 of the Code of Civil Procedure, 1908, seeking that the ex parte order of status quo which had been granted on 18-6-2002 be vacated. Both the applications were considered together and disposed of by the order dated 16-4-2012. The Trial Court did not find any reason to vacate the ad interim order of status quo which had been granted on 18-6-2002 and in that view, having taken note that dispossession was subsequent to the order of status quo granted, it has proceed to allow I.A. No. 10 and directed the defendant to put the plaintiff in possession of the property. The defendant claiming to be aggrieved by the said order dated 16-4-2012, preferred an appeal in M.A. No. 7 of 2012 before the Fast Track Court, Sirsi. The lower Appellate Court by its order dated 4-8-2012 has set aside the order dated 16-4-2012 passed by the Trial Court on I.A. Nos. 10 and 13 and has remanded the applications in I.A. Nos. 10 and 13 to the Trial Court to pass orders afresh after passing a seeking order on the memo dated 3-4-2012 as per the law. The said order passed by the lower Appellate Court is assailed in this petition.

(3.) On having heard the matter, I have perused the petition papers. Since the lower Appellate Court, while remanding the applications for consideration indicated that a speaking order is to be passed on the memo dated 3-4-2012, I have perused the memo which is available at Annexure-M to the writ petition.