Pandit S/O Jeevanshastri Inamdar vs Jyotsna And Ors
2022 Latest Caselaw 2337 Kant

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            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 14TH DAY OF FEBRUARY 2022

                              BEFORE

     THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                  MFA No. 200212/2022 (CPC)

BETWEEN:
Pandit S/o Jeevanshastri Inamdar
Age: 56 Years, Occ: Business
R/o Karajol, Tq.& Dist: Vijayapura
Also at Flat No.111, KHB Heritage
Indraprastha Nagar, Belagavi-590 001
                                              ... Appellant

(By Sri Sachin M. Mahajan, Advocate)

AND:

1.     Jyotsna W/o Shripadraj Moulikar
       Age: 36 Years, Occ: Household work
       R/o: Building No.1, Quarters No.6
       IIT Powai, Mumbai-400 076

2.     Umabai W/o Kalyanrao Deshpande
       Age: 73 Years, Occ: Household work
       R/o: Magi House, Devatageri Galli
       Vijayapura-586 101

3.     Balwanth S/o Kalyanrao Deshpande
       Age: 41 Years, Occ: Business
       R/o: Magi House, Divatageri Galli
       Vijayapura-586 101

4.     Anant S/o Kalyanrao Deshpande
       Age: 56 Years, Occ: Business
       R/o: Magi House, Devatageri Galli
       Vijayapura-586 101
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5.     Draupati @ Pratibha W/o Prabhakar Moulikar
       Age: 73 Years, Occ: Household work
       R/o: Building No.1, Quarters No.6
       IIT Powai, Mumbai-400 076

6.     Mukta M. Kulkarni
       Age: 57 Years, Occ: Household work
       R/o: 1050/1, Maka Layout
       Jewargi Colony, Kalaburagi-585 103

7.     Janabai R. Bankapur
       Age: 55 Years, Occ: Household work
       R/o: H.No.44/35M, Shakti Colony
       Sub Jail, Hubali-580030

8.     Mira K.Kanago W/o Krishnaji
       Age: 61 Years, Occ: Household work
       R/o Dattatreya Nilaya
       Near Raghavendra math
       Digatageri Galli, Vijayapura-586 101

9.     Padma W/o Venkatagiri Inamdar
       Age: Major, Occ: Household work
       R/o: Plot No. 109, Ghataprabha Block
       Indraprastha Nagar, Jakkeri Honda
       Belagavi-590 001
                                                          ... Respondents

(By Sri Sanganabasava B.Patil, Advocate for C/R1;
 Notice to R2 to R9 dispensed with vide order dated 14.02.2022)

       This MFA is filed under Section 43 Rule 1(r) of CPC, praying to
set aside the order dated 24.11.2021 passed by the learned I Addl.
Senior Civil Judge and CJM at Vijayapura, in O.S. No.191/2021, wherein,
the learned trial judge was pleased to reject the I.A No.1, filed by the
plaintiff/appellant herein and allow the I.A No.1 filed under Order 39 Rule
1 and 2 of CPC, by allowing the appeal with costs.

         This appeal coming on for admission this day, the Court delivered
the following:
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                         JUDGMENT

This appeal by the plaintiff in O.S.No.191/2021 on the

file of the I Addl. Senior Civil Judge and JMFC, Vijayapura (for

short, 'the trial court') is directed against the impugned order

dated 24.11.2021 passed on I.A.No.I filed by the plaintiff

against the respondents-defendants for an order of temporary

injunction restraining the respondent No.1-defendant No.1

from alienating the suit schedule property bearing R.S.No.12,

measuring 31 acres 12 guntas including 24 acres 16 guntas of

Phot Kharab of Karajol village, Tq. & Dist. Vijayapura pending

disposal of the suit. By the impugned order, the trial court

dismissed I.A.No.I, aggrieved by which appellant-plaintiff is

before this court by way of the present appeal.

2. Heard the learned counsel for the appellant-

plaintiff and learned counsel for the respondent No.1-

defendant No.1 and perused the material on record.

3. Since no relief was sought for against the

respondent Nos.2 to 9 in the aforesaid I.A.No.I which was filed

by the appellant-plaintiff only against the respondent No.1-

defendant No.1, notice to the respondent Nos.2 to 9-

defendant Nos.2 to 9 is dispended with.

4. A perusal of the material on record including the

impugned order will clearly indicate that though several

contentions have been urged by both the sides in support of

their respective claims, having regard to the nature of the suit

and the relief sought for by the parties coupled with the

undisputed fact that the relationship between the plaintiff and

defendant No.1 has been admitted by the respondent No.1-

defendant No.1, without expressing any opinion on the

merits/demerits of the rival contentions, I deem it just and

proper to dispose of this appeal by setting aside the impugned

order passed by the trial court and by directing the appellant-

plaintiff and respondent No.1-defendant No.1 to maintain

status quo in all respects in relation to the aforesaid suit

schedule property pending disposal of the suit and by directing

the trial court to dispose of the suit within a stipulated time

frame.

5. In the result, I pass the following:

ORDER

i) The appeal is disposed off.

ii)    The impugned order dated 24.11.2021 passed by
       the I Addl.    Senior   Civil   Judge    &   CJM   at
       Vijayapura is set aside.

iii) The appellant-plaintiff and respondent No.1-

defendant No.1 are directed to maintain status quo in all respects in relation to the suit schedule property bearing R.S.No.12, measuring 31 acres 12 guntas including 24 acres 16 guntas of Phot Kharab of Karajol village, Tq. & Dist. Vijayapura till disposal of the suit.

iv) It is made clear that this interim arrangement is without prejudice to the rights and contentions of the parties and all rival contentions between the parties are kept open to be decided by the trial court at the time of final disposal of the suit.

v) The trial court is directed to dispose of the suit as expeditiously as possible preferably within an outer limit on or before 16.12.2022.

Subject to the aforesaid directions, the appeals stands

disposed of.

In view of disposal of main appeal, I.A.No.1/2022 does

not survive for consideration, accordingly same is disposed

of.

Sd/-

JUDGE

BL