ALLIANCE UNIVERSITY CHIKKAHAGADE CROSS, BENGALURU Vs. SUDHIR

JUDGEMENT

(1.) The appellant, the Alliance University, is aggrieved by the order dated 10-8-2016, passed by the XXVII Additional City Civil Judge, Bangalore city (CCH-9), whereby the learned Judge has rejected the temporary injunction application filed by the appellant, but has allowed the temporary injunction application filed by the respondent- defendants in their counter-claim. The appellant has filed two Miscellaneous First Appeals, namely M.F.A. No. 6011/2016, and M.F.A. No. 6012/201. In the former MFA, the appellant has challenged the rejection of its application for temporary injunction; in the latter MFA, the appellant has challenged the grant of temporary injunction to the respondents. Since these two MFA's arise out of the same factual matrix, since the legal issues overlap, since the contentions raised by the learned Senior Counsel are interconnected, the two MFA's are being decided by this common order.

(2.) The appellant is also aggrieved by another part of the impugned order, namely the rejection of its application under Order I, Rule 10, read with Order 6, Rule 17 of the CPC, for amending the plaint. The appellant has challenged this part of the impugned order by filing a Writ Petition, namely W.P.No. 48506/2016. Since the writ petition deals with a separate application, since it involves a different set of contentions, it is being decided by a separate order. This order is concerned only with the two aforementioned MFA's filed by the appellant University.

(3.) This case has a long and a chequered history which, out of sheer necessity, needs to be narrated. For, the events are relevant in order to understand the myriad contentions and counter-contentions subsequently raised by the learned Senior Counsel for the parties.