AI Structured Summary
Not yet generated for this judgment
Judgment
S.N. Satyanarayana, J.—The Defendant in O.S. No. 3136/2010 on the file of XLIV Additional City Civil and Sessions Judge, Bangalore, has come up in this appeal challenging the order dated 03.08.2010 passed on I.A. II allowing the application filed by Plaintiff seeking the relief of temporary injunction restraining the Defendant from alienating the suit schedule property.
This appeal is posted for admission on the memo moved by the Appellant.
Heard the counsel for Appellant regarding merits of the case and also perused the order impugned. On going through the same, this Court hold that in the facts and circumstances of the case, it is not just and proper to interfere with the order impugned Therefore there is no justifiable ground to admit this appeal. The learned Counsel for Appellant seek modification of the order with certain observation. This Court after giving careful consideration to the said submission feel that there is no justification to make any observation or to disturb the order passed by the Court below which is passed after talking into consideration the material available on record.
However, under the peculiar facts and circumstances of the case, this Court find that the present appeal be disposed of with a direction to the Court below to dispose of the original suit itself within one year from the date of communication of this order. Accordingly the appeal is dismissed.