Karnataka High CourtCivil Procedure and EvidenceCivil Law

Karnataka HC Dismisses Challenge to Interim Injunction After Underlying Regular Appeal Is Disposed Of

SRI VENKATARAYAPPAv.SRI M OBANNA

Karnataka HC Dismisses Challenge to Interim Injunction After Underlying Regular Appeal Is Disposed Of. SRI VENKATARAYAPPA vs SRI M OBANNA. Karnataka High Court. LawLens
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In brief

The question

1. Whether the appeal against the interlocutory injunction order remained for consideration after disposal of the underlying Regular Appeal.

The court held

The Court dismissed the appeal as infructuous following disposal of the Regular Appeal.

It also directed

It held that any pending interlocutory applications did not survive for consideration.

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. 6–7

At the hearing, counsel for both sides informed the Court that the Regular Appeal before the District Court had been disposed of.

p. 7

02Issues

i.1. Whether the appeal against the interlocutory injunction order remained for consideration after disposal of the underlying Regular Appeal.

p. 7

ii.2. Whether any pending interlocutory applications in this appeal survived its dismissal as infructuous.

p. 7

03Law 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. 6

The 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. 7

04Reasoning

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. 7

Consequently, any pending interlocutory applications also became insignificant.

p. 7

05Holding

The Court dismissed the appeal as infructuous following disposal of the Regular Appeal.

p. 7

It held that any pending interlocutory applications did not survive for consideration.

p. 7
Karnataka High Court

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SRI VENKATARAYAPPAvsSRI M OBANNA

Karnataka High Court · October 15, 2026

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