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Eshwarappa and ANR. Vs. Vishalakshamma and Ors. [2008] INSC 1387 (20 August 2008)

Judgment

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO...5155-5156 OF 2008.

(Arising out of SLP) No.19534-19535 of 2005) Eshwarappa& Anr. ...Appellants VERSUS Vishalakshamma & Ors. ...Respondents ORDER

1.     Leave granted.

2.     These appeals are directed against the order dated 5th of August, 2005 passed by the High Court of Karnataka at Bangalore in M.F.A. Nos.4120 & 4121 of 2003 by which the order of the trial court granting injunction was set aside and the application for temporary injunction filed by the plaintiff was rejected.

3.     On 30th of September, 2005, this Court while issuing notice passed the following order :- 1 "Issue notice.

In the meantime, status quo shall be maintained."

4.     Having heard the learned counsel for the parties and after going through the materials on record and considering the fact that the interim order of status quo was granted which is still continuing, we are of the view that these appeals shall be disposed of by directing that the interim order of status quo granted by this Court shall continue for a period of another one year from the date of supply of a copy of this order and in the meantime, the trial court shall dispose of the suit without granting any unnecessary adjournments to either of the parties. We make it clear that we have not gone into the merits of the disputes raised on the application for injunction and the Trial Court, while deciding the suit, shall not be influenced by any of the observations made by the Courts below as well as of this Court while disposing of the application for injunction and the Trial 2 Court shall decide the same on merits in accordance with law.

5.     With these observations and directions, these appeals are disposed of. There will be no order as to costs.

.........................J. [Tarun Chatterjee]

...........................J.

New Delhi;

 

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