Mr. Reshma W/O. Pradeep Karlatti vs Abeeda W/O. Ashrafali Yakundi
2022 Latest Caselaw 11159 Kant

                        1




        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

     DATED THIS THE 27 T H DAY OF JULY, 2022

                    BEFORE

      THE HON'BLE MR.JUSTICE N.S. SANJAY
                   GOWDA

             M.F.A.NO.101253/2022

BETWEEN :

MR.RESHMA
W/O.PRADEEP KARLATTI
AGE: 33 YEARS
OCC: DOCTOR
R/O.WARD NO.12, MANGALWARPETH
BANHATTI,
TAL: JAMKHANDI,
BAGALKOT
                                  .....APPELLANT
(BY SRI.SHARAD M.PATIL, ADV.)

AND :

1.    ABBEEDA
      W/O.ASHRAFALI YAKUNDI
      AGE: 67 YEARS
      OCC: HOUSEHOLD
      R/O.HOUSE NO.69/1, 3RD STREET
      SHIVAJI NAGAR
      BELAGAVI-590 016

2.    SHAHZADBEGUM
      W/O.ABDULRASHID NIZAMI
      AGE: 60 YEARS
      OCC: HOUSEHOLD
                        2



     R/O.CTS-10288 A
     PANJIBAB, SHIVAJI NAGAR
     BELAGAVI-590 016

3.   IRFAN
     S/O.ABDULRASHID NIZAMI
     AGE: 35 YEARS
     OCC: BUSINESS
     R/O.CTS-10288 A,
     PANJIBAB, SHIVAJI NAGAR
     BELAGAVI-590 016

4.   SHIREEN
     D/O.ABDULRASHID NIZAMI
     AGE: 33 YEARS
     OCC: HOUSEHOLD
     R/O.CTS-10288 A,
     PANJIBAB, SHIVAJI NAGAR
     BELAGAVI-590 016

5.   IMAM
     S/O.ABDULRASHID NIZAMI
     AGE: 30 YEARS
     OCC: BUSINESS
     R/O.CTS-10288 A,
     PANJIBAB, SHIVAJI NAGAR
     BELAGAVI-590 016

6.   ZEENAT
     S/O.ABDULRASHID NIZAMI
     AGE: 28 YEARS
     OCC: HOUSEHOLD
     R/O.CTS-10288 A,
     PANJIBAB, SHIVAJI NAGAR
     BELAGAVI-590 016

7.   NAZREENBANU
     W/O.ABDULQAYYUM NIZAMI
     AGE: 57 YEARS
     OCC: HOUSEHOLD
     R/O.SIDDHARTH COLONY
                               3



       1ST CROSS, DHARWAD-588 008

8.     MOHAMMED SHARIQ
       S/O. ABDULQAYYUM NIZAMI
       AGE: 25 YEARS
       OCC: BUSINESS
       R/O.SIDDHARTH COLONY
       1ST CROSS, DHARWAD-588 008

9.     MOHAMMED TARIQ
       S/O.ABDULQAYYUM NIZAMI
       AGE: 26 YEARS
       OCC: HOUSEHOLD
       R/O.SIDDHARTH COLONY
       1ST CROSS, DHARWAD-588 008
                               ..... RESPONDENTS

(BY SRI.A.D.NADAF, ADVOCATE FOR R1
    R2 DISPENSED WITH)

       THIS APPEAL IS FILED UNDER ORDER 43 RULES
1 (R) R/W SECTION 104 OF THE CODE OF CIVIL
PROCEDURE,          AGAINST       THE        ORDER     DATED
08.03.2022 PASSED IN O.S.           NO.44/2022 ON THE
FILE   OF     THE   THIRD    ADDITIONAL       SENIOR   CIVIL
JUDGE         AND    CHIEF     JUDICIAL        MAGISTRATE ,
BELAGAVI, PARTLY ALLOWING THE IA NO.1 FILED
U/O. XXXIX RULE 1 AND 2 R/W SEC.151 OF CPC AND
ETC.


       THIS    APPEAL   COMING          ON    FOR    FURTHER
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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                        JUDGMENT

1. This appeal is filed challenging the grant of an

injunction whereby the 9th defendant is restrained from

putting up further construction in the suit schedule 'B'

property till the disposal of the suit.

2. The Trial Court has noticed that the 9th defendant

had purchased the suit schedule 'B' property from

defendants 6 to 8 and the suit being the one for

partition, it would cause irreparable injury to the

plaintiff, if the 9th defendant is permitted to put up

further construction and thereby alter the nature of the

suit schedule 'B' property.

3. The Trial Court has observed that if the

construction would be permitted, there would be severe

difficulty arising at the time of division of plaintiff's share

in the event the suit is to be decreed. In my view, the

reasoning of the Trial Court is just and proper and does

not call for interference. Appeal is, therefore, dismissed.

Sd/-

JUDGE pks* CT:AN