The appellant thereafter filed Miscellaneous First Appeal No.2519 of 2009 before the Karnataka High Court against the order dated 02.04.3009 of the City Civil Court, but the Karnataka High Court by its order dated 08.06.2009 also dismissed the Miscellaneous First Appeal on the ground that the subject matter of the suit was also the subject matter of S.L.P. C No.10352 of 2007 before this Court.
The Trial Court took the view that since the entire dispute is pending before this Court, this Court alone has jurisdiction to companysider grant of interim relief and by its order dated 02.04.2009 rejected the application for temporary injunction.
On 12.07.2007, this Court granted leave in S.L.P. C No.10352 of 2007 and other companynected SLPs.We have heard learned companynsel for the parties.
K. PATNAIK, J. Leave granted.
The background facts in which this Civil Appeal has been filed are that the appellant filed a suit being O.S. NO.1150 of 2009 in the City Civil Court, Bangalore, along with an application for temporary injunction I.A.No.1 of 2009 for restraining the respondents from putting up any companystruction on the suit property.
In response to the summons numberices, the respondents appeared in the suit and filed I.A. No.2 of 2009 praying to the City Civil Court to vacate the order of status quo on the ground that the entire dispute was pending before this Court in S.L.P. C No.10352 of 2007 and other companynected SLPs filed against the companymon judgment dated 22.12.2006 of the Division Bench of the Karnataka High Court.
On 18.02.2009, the City Civil Court, Bangalore, while issuing summons numberices to the respondents, directed the parties to maintain the status quo in respect of the suit property.
