Kishore Shankarasa Meharwade vs Ravindra Shankarsa Meharwade
2023 Latest Caselaw 5170 Kant

                                                   -1-
                                                         NC: 2023:KHC-D:8140
                                                          MFA No. 100755 of 2017




                                   IN THE HIGH COURT OF KARNATAKA
                                           DHARWAD BENCH

                               DATED THIS THE 2ND DAY OF AUGUST, 2023

                                                BEFORE
                           THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE

                           MISCELLANEOUS FIRST APPEAL NO. 100755 OF 2017 (CPC)
                      BETWEEN:

                      KISHORE SHANKARSA MEHARWADE
                      AGE:57 YEARS,
                      OCC: BUSINESS,
                      R/O: SONA SHUTTERS APARTMENT,
                      BENGERI, HUBBALLI,
                      TQ: HUBBALLI,
                      DIST: DHARWAD.
                                                                     ...APPELLANT
                      (BY SRI. F.V.PATIL;
                      SRI. PRUTHVI K S;
                      SRI. NANDISH PATIL, ADVOCATES)

                      AND:

                      1.     RAVINDRA SHANKARSA MEHARWADE
         Digitally
         signed by
         GIRIJA A            AGE: 64 YEARS,
GIRIJA A BYAHATTI
BYAHATTI Date:
         2023.08.04
                             OCC: BUSINESS,
         11:36:52 -
         0700                R/O. PLOT NO.8,
                             SAI LAYOUT,
                             BENGERI,
                             HUBBALLI,
                             TQ: HUBBALLI,
                             DIST: DHARWAD.

                      2.     RAJEDNRA SHANKARSA MEHARWADE
                             AGE: 55 YEARS,
                             OCC: BUSINESS,
                             R/O. BHAVANI NAGAR,
                             HUBBALLI,
                             TQ: HUBBALLI,
                             DIST: DHARWAD.
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                                NC: 2023:KHC-D:8140
                                  MFA No. 100755 of 2017




3.   YALLUBAI W/O SHANKARSA
     MEHARWADE
     AGE: 84 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O. BHAVANI NAGAR,
     HUBBALLI,
     TQ: HUBBALLI,
     DIST: DHARWAD.

4.   GAJANAN SHNAKARSA MEHARWADE
     AGE: 61 YEARS,
     OCC: BUSINESS,
     R/O. BHAVANI NAGAR,
     HUBBALLI,
     TQ: HUBBALLI,
     DIST: DHARWAD.

5.   VASANT SHANKARSA MEHARWADE
     AGE: 63 YEARS,
     OCC: BUSINESS,
     R/O. DESHPANDE LAYOUT,
     HUBBALLI,
     TQ: HUBBALLI,
     DIST: DHARWAD.

6.   SHYAMSUNDER SHANKARSA MEHARWADE
     AGE: 50 YEARS,
     OCC: BUSINESS,
     R/O. BHAVANI NAGAR,
     HUBBALLI,
     TQ: HUBBALLI,
     DIST: DHARWAD.

7.   BALAKRISHNASA TULAJANSA MAGAJIKONDI
     AGE: 64 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O. BANASHANKARI LAYOUT,
     KESHWAPUR,
     HUBBALLI,
     TQ: HUBBALLI,
     DIST: DHARWAD.
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                                     NC: 2023:KHC-D:8140
                                      MFA No. 100755 of 2017




8.   MANGALABAI
     W/O KISHORESA MEHARWADE
     AGE: 52 YEARS,
     OCC: BUSINESS,
     R/O. SONA SHUTTERS APARTMENT,
     BENGERI,
     HUBBALLI,
     TQ: HUBBALLI,
     DIST: DHARWAD.

9.   DILIP JAIN
     AGE: 47 YEARS,
     OCC: BUSINESS,
     R/O. MAX MALL GOLD GYM BUILDING,
     KUSUGAL ROAD,
     HUBBALLI,
     TQ: HUBBALLI,
     DIST: DHARWAD.

                                             ...RESPONDENTS


(BY SRI. SHREEVATSA HEGDE ADVOCATE FOR R1 & R2;
R3, R4 TO R9-NOTICE SERVED)


      THIS MFA IS FILED U/O.43 RULE 1(R) OF THE CODE OF

CIVIL PROCEDURE, AGAINST THE ORDER DATED: 04.02.2017,

PASSED IN O.S.NO.277/2015 ON THE FILE OF THE I-ADDITIONAL

SENIOR CIVIL JUDGE, HUBBALLI, ALLOWING THE IA NO.8 FILED

U/O. 39 RULE 1 AND 2 OF CPC.



      THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY,

THE COURT DELIVERED THE FOLLOWING:
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                                     NC: 2023:KHC-D:8140
                                         MFA No. 100755 of 2017




                         JUDGMENT

Heard the learned counsel appearing for the

appellant and the learned counsel appearing for the

respondents.

2. This appeal is filed challenging the order dated

04.02.2017 passed in O.S.No.277/2015 on the file of I

Additional Senior Civil Judge, Hubballi. In terms of the

order passed on I.A.No.8, which is impugned in this

appeal, the application seeking temporary injunction is

allowed.

3. Learned counsel for the appellant contended

that the properties, which are the subject matter of

I.A.No.8 for temporary injunction were purchased by

defendants No.2 to 5 under a registered sale deed dated

03.08.1990. He further submits that, defendants No.2, 4

and 5 have relinquished their share in the said property in

favour of defendant No.3. This being the position, he

would contend that prima facie it is established that the

NC: 2023:KHC-D:8140 MFA No. 100755 of 2017

property exclusively belongs to the appellant and

respondents have no right, title or interest over the suit

property.

4. Learned counsel for the respondents would

submit that the plaintiffs have made out a prima facie

case. The relationship between the parties is admitted.

There is no dispute over the fact that all the plaintiffs and

defendants are joint family members. This being the

position, in order to preserve the status-quo and to avoid

multiplicity of litigation, the trial Court had granted interim

order restraining defendant No.3 from alienating the suit

schedule properties or encumbering the suit schedule

properties. He would further submit that there is no

illegality in the order passed by the trial Court.

5. This Court has considered the contentions

raised at the bar. It is noticed that, eight years elapsed

since the suit is filed. The suit is for partition and separate

possession and is still pending.

NC: 2023:KHC-D:8140 MFA No. 100755 of 2017

6. Under the circumstances, this Court is of the

opinion that, without getting into the merits of the claim of

respective parties, it is desirable to direct the learned

Senior Civil Judge to decide the suit within six months

from the date of receipt of the copy of this order. Since

this Court has fixed the mandate for early disposal of the

case, both the parties shall cooperate in expediting the

suit pending before the I Addl. Senior Civil Judge, Hubballi.

This Court has not expressed any opinion on the merits of

the matter. The suit shall be decided without being

influenced by any of the observations in the order passed

on I.A.No.8.

With these observations, this appeal is disposed of.

Sd/-

JUDGE

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