High CourtsSingle Bench(2012) 08 KAR CK 0268

M/s. Ballava Cine Productions vs M/s. Sri. Tulaja Bhavani Creations and Prasad Film Laboratories

Karnataka High Court · Decided on 10 August 2012

HON’BLE JUDGES
N.K. Patil, J
RESULT
Dismissed
CASE NUMBER
M.F.A. No. 7111 of 2012 (CPC)

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Judgment

3 paragraphs · 198 words

N.K. Patil

1.

This appeal by the plaintiff is directed against the Order dated 6th July 2012, passed on I.A. No. 1 in O.S. No. 26323/2012, by the XIII Additional City Civil Judge, Bangalore, rejecting the request of the plaintiff for dispensation of notice to defendants 1 and 2. Heard the learned counsel appearing for appellant and perused the order impugned. After careful perusal of the impugned order dated 6th July 2012 passed on I.A.I. in the original suit, by the Trial Court, I am of the considered view that there is no error or illegality as such committed by the Court below in observing that the defendants should be heard by giving them an opportunity before passing exparte order, nor the appellant has made out any good grounds for interference in the impugned order. Therefore, the appeal filed by appellant is disposed of, reserving liberty to the appellant to redress its grievance before the Trial Court, if it is so advised. All the grounds urged in this appeal are left open.

In view of disposal of main appeal on merits, I.A.I/2012 for temporary injunction does not survive for consideration and is accordingly dismissed as having become infructuous.