H NAGARAJAPPA Vs. K R NAGENDRA

JUDGEMENT

(1.) In the suit filed by the plaintiff/respondent for declaration, injunction and other reliefs, being O.S.No.252/2015 on the file of the II Additional Civil Judge at Arasikere, Hassan District, the Trial Court considered an application for temporary injunction filed by the plaintiff/respondent against raising of construction by the defendant/petitioner on the suit property. After noticing the competing claims of the parties qua the property in question, the Trial Court found it to be a case of balance of equities and hence, proceeded to grant a so-called conditional order of temporary injunction in the following terms:

(2.) The terms aforesaid, though intended to ensure that the parties would co-operate in the trial and conclusion of the suit with expedition, had their inherent shortcomings from the practical standpoint because if the suit was not decided within six months, it would always remain a matter of debate and dispute as to who was to be held responsible for the alleged non-cooperation. The said order was passed on 06.08.2015.

(3.) However, after the order aforesaid, the defendant preferred a miscellaneous appeal, which was dismissed. In the meantime, the defendant filed applications seeking amendment to the written statement as also for issuance of commission. After disposal of such interlocutory applications, the issues were framed only on 08.12.2016. Thereafter, the plaintiff/petitioner examined himself as P.W.1 but, for one reason or the other, the suit remained pending. Thereafter, the plaintiff filed an application-I.A.No.23 seeking the orders that the temporary injunction granted on 06.08.2015 be extended until disposal of the suit. The plaintiff/respondent submitted that there was some ambiguity in the order of temporary injunction and taking advantage of the same, the defendant was raising construction.