Raveendra vs Laxmanrao
2023 Latest Caselaw 5173 Kant

                                                  -1-
                                                         NC: 2023:KHC-D:8096
                                                           WP No. 100149 of 2021




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 2ND DAY OF AUGUST, 2023

                                                BEFORE

                           THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

                              WRIT PETITION NO. 100149 OF 2021 (GM-CPC)

                      BETWEEN:

                      RAVEENDRA S/O. VENKATARAO PANTH,
                      AGE: 62 YEARS, RETIRED SERVANT,
                      R/O. NAVALGUND-582208,
                      TQ: NAVALGUND,
                      DIST: DHARWAD.
                                                                   ...PETITIONER
                      (BY SRI K.S. PATIL AND SADANAND M.K., ADVOCATES)

                      AND:

                      1.    LAXMANRAO S/O. NAGESHWARAO
                            DESHPANDE,
                            AGE: 65 YEARS, OCC: AGRICULTURE,
                            R/O. NAVALGUND-582208,
                            TQ: NAVALGUND,
                            DIST: DHARWAD.
YASHAVANT
NARAYANKAR                                                        ...RESPONDENT
Digitally signed by
                      (BY SRI G.I. GACHCHINAMATH, ADVOCATE)
YASHAVANT
NARAYANKAR
Location: High
Court of Karnataka,
Dharwad
                           THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
                      227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
                      OF CERTIORARI, QUASHING THE JUDGMENT DATED 21.11.2020,
                      IN MA.NO.4/2019 PASSED BY THE SENIOR CIVIL JUDGE AND
                      JMFC, NAVALGUND (ANNEUXR-A); CONSEQUENTLY, UPHOLD THE
                      ORDER DATED 29.07.2019 IN OS.NO.481/2017 PASSED BY THE
                      CIVIL JUDGE AND JMFC, NAVALGUND ALLOWING THE IA NO.II
                      FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC (ANNEXURE-
                      B).

                           THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
                      THIS DAY, THE COURT MADE THE FOLLOWING:
                              -2-
                                    NC: 2023:KHC-D:8096
                                       WP No. 100149 of 2021




                           ORDER

The captioned writ petition is filed by the plaintiff

feeling aggrieved by the order passed by the Appellate Court

in M.A.No.4/2019, wherein the Appellate Court has allowed

the appeal and the interim injunction granted by the learned

Judge is rejected.

2. Heard the counsel for petitioner and the learned

counsel appearing for respondent.

3. The admitted facts on hand will not detain this

Court for long. It is borne out from the records that present

petitioner's vendor is facing proceedings in a partition suit

and pursuant to preliminary decree, now the matter is

ceased in final decree proceedings. The petitioner is claiming

that he has purchased this property from one of the family

members. If final decree proceedings pursuant to preliminary

decree are pending consideration, the petitioner being a

stranger cannot assert and seek injunction in respect of an

ancestral property, which is already ceased in final decree

proceedings. Therefore, I am not inclined to interfere with

NC: 2023:KHC-D:8096 WP No. 100149 of 2021

the order passed by the Appellate Court. Any observations

made by the Appellate Court and this Court should not

influence the learned Judge while deciding the main matter

on merits. With this observations, the writ petition stands

dismissed.

4. In view of disposal of the petition, pending

interlocutory applications, if any, do not survive for

consideration and are disposed of accordingly.

Sd/-

JUDGE