Eshwarappa and ANR. Vs.
Vishalakshamma and Ors.  INSC 1387 (20 August 2008)
REPORTABLE IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO...5155-5156
(Arising out of SLP)
No.19534-19535 of 2005) Eshwarappa& Anr. ...Appellants VERSUS
Vishalakshamma & Ors. ...Respondents ORDER
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.
30th of September, 2005, this Court while issuing notice passed the following
order :- 1 "Issue notice.
In the meantime,
status quo shall be maintained."
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.
these observations and directions, these appeals are disposed of. There will be
no order as to costs.
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