S. NARAHARI RAO versus SATHYANARAYANA & ORS.

S. NARAHARI RAO versus SATHYANARAYANA & ORS.

Since the main dispute before the Supreme Court has been decided, earlier orders of the High Court and trial court refusing temporary injunction for want of jurisdiction are set aside, and the matter is remitted to the trial court to decide the application for temporary injunction and the suit in accordance with the Supreme Court's judgment.

Parties
Appellant: S. Narahari Rao; Respondents: Sathyanarayana & Ors.
Jurisdiction
India
Judgment Date
08 February 2010
Procedural Posture
Civil Appeal / Post Judgment, on Appeal From High Court Order
Outcome
Appeal allowed. Orders of trial court and High Court set aside. Matter remitted to trial court for decision in light of Supreme Court judgment.
Legal Topics
Temporary Injunction, Remand, Status Quo Orders, Jurisdiction
Civil Procedure Temporary Injunction Remand Status Quo Orders Jurisdiction

Case Brief

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Parties

S. Narahari Rao

Appellant

Sathyanarayana & Ors.

Respondents

Procedural Posture

Civil Appeal / Post Judgment, on Appeal From High Court Order

Legal Issues

  1. 1 Whether application for temporary injunction could be decided by the City Civil Court of Bangalore while related matters were pending before the Supreme Court

Ratio Decidendi

Since the main dispute before the Supreme Court has been decided, earlier orders of the High Court and trial court refusing temporary injunction for want of jurisdiction are set aside, and the matter is remitted to the trial court to decide the application for temporary injunction and the suit in accordance with the Supreme Court's judgment.

Court Disposition

Appeal allowed. Orders of trial court and High Court set aside. Matter remitted to trial court for decision in light of Supreme Court judgment.

Orders

  • Impugned orders dated 08.06.2009 (High Court) and 02.04.2009 (City Civil Court, Bangalore) set aside.
  • Matter remanded to City Civil Court, Bangalore, to decide the application for temporary injunction and suit as per the judgment delivered in Civil Appeal Nos.3038 of 2007 and connected appeals.