01Facts
The appellant brought this Miscellaneous First Appeal under Order XLIII Rule 1(r) CPC challenging an order allowing the first respondent’s application for temporary injunction under Order XXXIX Rules 1 and 2 CPC in R.A. No. 98/2018.
pp. 6–7At the hearing, counsel for both sides informed the Court that the Regular Appeal before the District Court had been disposed of.
p. 702Issues
i.1. Whether the appeal against the interlocutory injunction order remained for consideration after disposal of the underlying Regular Appeal.
p. 7ii.2. Whether any pending interlocutory applications in this appeal survived its dismissal as infructuous.
p. 703Law Applied
The appeal was brought under Order XLIII Rule 1(r) CPC, which provides for an appeal against specified orders concerning temporary injunctions under Order XXXIX Rules 1 and 2 CPC.
p. 6The Court applied the procedural principle that an appeal becomes infructuous where subsequent events render its consideration unnecessary. It cited no precedent and did not decide the merits of the injunction dispute.
p. 704Reasoning
The challenged order concerned interim relief in the Regular Appeal. Since counsel confirmed that the Regular Appeal had already been disposed of, the Court held that the present appeal no longer survived for consideration.
p. 7Consequently, any pending interlocutory applications also became insignificant.
p. 705Holding
The Court dismissed the appeal as infructuous following disposal of the Regular Appeal.
p. 7It held that any pending interlocutory applications did not survive for consideration.
p. 7Original Court PDF
SRI VENKATARAYAPPAvsSRI M OBANNA
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