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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 29TH DAY OF APRIL, 2014

:BEFORE:

THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR

WRIT PETITION No.18987/2014 (GM-CPC)

BETWEEN:

THE MYSORE STONEWARE PIPES &

POTTERIES LIMITED,
HAVING ITS REGISTERED OFFICE AT
NO.30, “SAPTHAGIRI”, 10TH CROSS,
R.M.V.EXTENSION, SADASHIVANAGAR,
BANGALORE- 560 080,
REPRESENTED BY ITS WHOLE TIME DIRECTOR,
SRI RAJIV.H.RAMAHALLI. ... PETITIONER

(BY SRI JAYAKUMAR S.PATIL, SENIOR COUNSEL FOR SRI

S.W.ARBATTI, ADV.)

AND:

1. JMJ EDUCATION SOCIETY,

REGISTERED UNDER THE SOCIETIES
REGISTRATION ACT,
HAVING ITS REGISTERED OFFICE AT
NO.89 & 90, SOLDEVANAHALLI,
HESARAGHATTA, CHIKKABANAVARA POST,
BANGALORE- 560 090.
REPRESENTED BY ITS CHAIRMAN,
SRI B.PREMNATH REDDY.

2. SMT. SHALINI REDDY.B,

AGED ABOUT 43 YEARS,
W/O. SRI B.PREMNATH REDDY,
R/AT NO.58, 5TH CROSS,
4TH BLOCK, M.L.A.LAYOUT,
LOTTEGOLLAHALLI,
R.M.V.II STAGE,
BANGALORE- 560 094. ….RESPONDENTS
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER ON I.A.NO.1 DTD: 10.04.2014 (ANNX-P) PASSED
BY THE II ADDITIONAL CIVIL JUDGE, BANGALORE RURAL,
BANGALORE IN O.S.NO.522/2014.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY THE COURT MADE THE FOLLOWING: -

ORDER

By impugned order, the Court below has merely

issued emergent notice on IA No.1 filed by the petitioner

herein praying for temporary injunction.

2. In the impugned order, it is mentioned that, no

prima-facie case is made out to grant ex-parte temporary

injunction.

3. Learned Counsel for the petitioner submits that,

in the meanwhile, compound is constructed by the

defendants; they may claim equity based on such

construction.

4. Such submission cannot be accepted inasmuch

as any construction to be made during the pendency of the

suit would be subject to the result of the suit. Nobody can

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claim equity based on future events. I find that the order in

question is just and proper.

5. With these observations, petition stands

dismissed. The trial Court is directed to decide IA No.1

immediately after service of notice on the respondents.

Sd/-
JUDGE

KSR