Basappa S/O Basappa Oli vs Chandrashekhargouda S/O ...
2022 Latest Caselaw 5370 Kant

     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

         DATED THIS THE 24TH DAY OF MARCH, 2022

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

MISCELLANEOUS FIRST APPEAL NO. 100502 OF 2021 (CPC)

BETWEEN:

1.    BASAPPA S/O BASAPPA OLI
      AGE 69 YEARS, OCC AGRICULTURE,
      R/O TAVARAGERA, TQ KUSHTAGI,
      DIST KOPPAL.

2.    DODDAPPA S/O RAMAPPA OLI,
      DECEASED BY HIS LRS.

      2A. BASAMMA W/O DODDAPPA OLI
          AGE 52 YEARS, OCC HOUSEHOLD,
          R/O TAVARAGERE.

      2B. LAXMI W/O LINGANAGOUDA AARALI
          AGE 33 YEARS, OCC HOUSEHOLD,
          R/O SINDHANOOR, DIST RAICHUR.

      2C. NAGARAJ S/O DODDAPPA OLI
          AGE 30 YEARS, OCC AGRICULTURE,
          R/O TAVARAGERE, TQ KUSHTAGI.

3.    MALLAPPA S/O RAMAPPA OLI
      AGE 37 YEARS, OCC AGRICULTURE,
      R/O TAVARAGERA, TQ KUSHTAGI,
      DIST KOPPAL.

4.    GIRIJAMMA W/O AYYANGOUDA
      AGE 46 YEARS, OCC HOUSEHOLD,
      R/O NARASAPURA, TQ GANGAVATHI,
      DIST KOPPAL.
                             -2-




                                      MFA No. 100502 of 2021


5.   SUJATHA W/O GAVISIDDAPPA
     AGE 34 YEARS, OCC HOUSEHOLD,
     R/O MANGALUR, KUDARIMOTHI,
     TQ YALABURGA, DIST KOPPAL.

6.   BASANAGOUDA S/O SAKRIGOUDA POLICE PATIL
     AGE 55 YEARS, OCC AGRICULTURE,
     R/O TAVARAGERA, TQ KUSHTAGI.

                                               ...PETITIONERS

(BY SRI. SADIQ N GOODWALA.,ADVOCATE)


AND:

1.   CHANDRASHEKHARGOUDA
     S/O MALLIKARJUNGOUDA PATIL
     AGE 50 YEARS, OCC AGRICULTURE,
     R/O TAVARAGERA, TQ KUSHTAGI,
     DIST KOPPAL.

2.   SHIVARAJ GOUDA S/O CHANDRASHEKHARGOUDA
     AGE 25 YEARS,
     OCC AGRICULTURE AND BUSINESS,
     R/O TAVARAGERA,
     TQ KUSHTAGI,
     DIST KOPPAL.

3.   SHANTAMMA W/O SHARANAPPA
     AGE 70 YEARS, OCC HOUSEHOLD,
     R/O KUSHTAGI, DIST KOPPAL.

4.   LALITHAMMA W/O CHANNANAGOUDA
     AGE 65 YEARS, OCC HOUSEHOLD,
     R/O TAVARAGERA, TQ KUSHTAGI,
     DIST KOPPAL.

5.   SARASWATHI W/O SHANTAGOUDA
     AGE 62 YEARS, OCC HOUSEHOLD,
     R/O KANAKAGIRI, TQ KUSHTAGI,
     DIST KOPPAL.
                              -3-




                                     MFA No. 100502 of 2021


6.   BASALINGAMMA W/O SHARANGOUDA
     AGE 60 YEARS, OCC HOUSEHOLD,
     R/O HALGERI, DIST KOPPAL.
                                                 ...RESPONDENTS

(BY SRI. SANTOSHKUMAR G. RAMPEER, ADV. FOR R1, 2
AND 4 TO 6)


      MFA FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF
CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE ORDER
DTD.05.03.2021 PASSED BY SENIOR CIVIL JUDGE AND JMFC,
KUSTAGI IN O.S. NO.61/2019 ON I.A.NO.1 BY ALLOWING THE
APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

      THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE FOLLOWING:

                         JUDGMENT

This appeal is directed against the refusal of the Trial

Court to grant an injunction to restrain the defendants

from alienating the suit property.

2. The learned counsel for the respondents

submits that the defendants have no intention to alienate

the suit property and even if they do have an intention in

future, they will inform the Court and seeks its permission

for alienation of the property.

MFA No. 100502 of 2021

3. In view of the above submission, it would be

unnecessary to pass any orders on the merits of the

application of the plaintiff. In the event, the respondent

intends to alienate the property, he shall seek the

permission of the Court and then sell the property.

4. Accordingly, the appeal is disposed off.

5. The Trial Court shall endeavor to dispose off the

suit as expeditiously as possible, subject to the counsel

and the parties co-operating with the Court for the

disposal.

All pending IA's shall stand disposed off.

Sd/-

JUDGE

SMM