IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 21ST DAY OF OCTOBER, 2011 BEFORE THE HON’BLE MR.JUSTICE RAM MOHAN REDDY M.F.A. NO. 23213/2011 (OS) (SJ) & MISC.CVL, NO. 107219/2011 BETWEEN: SRi JITENDRA S/O DAYALJI MAJETHIA, AGE: 62 YEARS, 0CC: BUSINESS, R/OKRISHNANNAGAR, DESHPANDENAGAR,HUBLI. ‘ ITIONER (COMMON) (BY SRI: PRAKASH.K.JAWALKAR, ADV.) AND SHRISURESH Sb TUKARAMSA JITURI, AGE: 58 YEARS, 0CC: BUSINESS, R/O MOORSA4JIRMATH ROAD, HUBLI. 2. M/S, VINAYAK R BHAT & ASSOCIATES, REP BY VINAYAK R BRAT, AGE: 52 YEARS, 0CC: BUSINESS, R/0 SDA ROAD, IIND CROSS, (_.0 r J( cfwJi P5 7 BRAVANINAGAR, HUBLI. RESPONDENTS (COMMON) (BY SRI : F V PATIL, ADV. FOR Ri; SRI DINESH M. KULKARNI, ADV. FOR Ri; R2-NOTICE D/W. V/O. DATED 21.07.2011) THIS MFA IS FILED U/O.43 RULE 1 OF CPC., AGAINST THE JUDGMENT AND ORDER DTD:09-06-201 1 PASSED IN O.S.NO.121/2008 ON THE FILE OF THE II ADDL, SENIOR CIVIL JUDGE HUBLI, DISMISSING THE I.A.NO.2 FILED U/O.39 RULE 1 AND 2 R/W. SEC.151 OF CPC., AND ALLOWING THE I.A.NO.6 FILED U/O.39 RULE 4 OF CPC. THE MISC. CVL, APPLICATION IS FILED UNDER ORDER 39 RULE 4 OF C.P.C., PRAYING TO VACATE THE INTERIM STAY. THE APPEAL AND MISC.CVL, APPLICATION COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: JUDGMENT Recording the submission of Sri F.V. Patil, learned counsel for respondent No.1 that the Order dated 09.06.2011 of the II Addi. Civil Judge (Sr.Dn.) Hubli, in O.S. No. 121/2008 rejecting l.A. No. II for temporary injunction and allowing l.A. No. VI for vacating the Order of ad interim temporar injunction set aside and the temporar injunction granted by allowing l.A. No.11 while directing the Trial Court to dispose of the suit within a time frame, this appeal is accordingly allowed. LA. No.11 under order 39 Rule 1 and 2 of C.P.C. filed by the petitioner-plaintiff is allowed. First respondent! first defendant is restrained from alienating, changing the nature or encumbering the suit property in any manner and for any purpose, pending disposal of the suit. l.A. No. 6 filed by the 1 defendant is rejected. The Trial Court is requested to conclude the proceedings, in any event, within a period of six months from today, subject to parties extending co-operation. In view of disposal of the appeal, Misc. Cvl. Application for vacating stay is rejected as unnecessary. 3 tJDGE hnm/