Shivaji Yallappa Maruche vs Vinayak Govind Kulkarni
2023 Latest Caselaw 5317 Kant

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                                                             NC: 2023:KHC-D:8291
                                                        WP No. 105419 of 2016




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                            DATED THIS THE 4TH DAY OF AUGUST, 2023
                                              BEFORE
                          THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
                           WRIT PETITION NO. 105419 OF 2016 (GM-CPC)

                   BETWEEN:
                   1.   SHIVAJI YALLAPPA MARUCHE,
                        AGE:46 YEARS, OCC:AGRICULTURE,
                        R/O: BACHI-591 230, TQ AND DIST: BELAGAVI.
                   2.   SHRI. SHANKAR YALLAPPA MARUCHE,
                        AGE: 49 YEARS, OCC: AGRICULTURE,
                        R/O: BACHI-591 230, TQ AND DIST: BELAGAVI.

                   3.   KRISHNA YALLAPPA MARUCHE,
                        AGE: 51 YEARS, OCC:AGRICULTURE,
                        R/O: BACHI-591 230, TQ AND DIST: BELAGAVI.

                   4.   PARASHARAM YALLAPPA MARUCHE,
                        AGE: 44 YEARS, OCC: AGRICULTURE,
                        R/O: BACHI-591 230, TQ AND DIST: BELAGAVI.
                   5.   KALLAPPA TANAPPA MARUCHE,
                        AGE:50 YEARS, OCC:AGRICULTURE,
                        R/O: BACHI-591 230, TQ AND DIST: BELAGAVI.

                   6.   LAKSHMI @ DRAUPADA W/O. RAMACHANDRA PATIL,
Digitally signed
by JAGADISH T R
                        AGE:40 YEARS, OCC:AGRICULTURE AND HOUSEHOLD,
Location: HIGH          R/O: KUDREMANI-591 230, TQ AND DIST: BELAGAVI.
COURT OF
KARNATAKA
Date: 2023.08.08
11:20:33 +0530     7.   KACHU NINAPPA MARUCHE,
                        AGE:41 YEARS, OCC: AGRICULTURE,
                        R/O: BACHI-591 230, TQ AND DIST: BELAGAVI.
                   8.   VAIJU NINAPPA MARUCHE,
                        AGE: 54 YEARS, OCC: AGRICULTURE,
                        R/O: BACHI-591230, TQ AND DIST: BELAGAVI.

                   9.   KRISHNA BHARAMA MARUCHE,
                        AGE:46 YEARS, OCC:AGRICULTURE,
                        R/O: BACHI-591 230, TQ AND DIST: BELAGAVI.
                   10. PARASHARAM SIDDAPPA NANDYALKAR,
                       AGE: 39 YEARS, OCC: AGRICULTURE,
                       R/O: KALLEHOL-591 224,
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                                           NC: 2023:KHC-D:8291
                                      WP No. 105419 of 2016




    TQ AND DIST: BELAGAVI.
                                                 ...PETITIONERS
(BY SRI. VITTHAL S.TELI, ADVOCATE)
AND:
VINAYAK GOVIND KULKARNI,
AGE: 61 YEARS, OCC: RETIRED
GOVT. SERVANT (AGRIL,),
R/O: PLOT NO. 17, SHIVASWAROOP
NAGAR, JARAG NAGAR,
KOLHAPUR-MAHARASHTRA R/BY GPA
UMARJIRA @ BALASAHEB S/O
NAGOJIRAO DESAI, AGE:49 YEARS, OCC:AGRICULTURE,
R/O: LAXMI GALLI, UCHAGAON, TQ AND DIST: BELAGAVI.
                                                 ...RESPONDENT
(BY SRI. SANGRAM S .ULKARNI, ADVOCATE)
     THIS WRIT PETITION IS FILED UNDER ARCTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
JUDGMENT DATED:16.04.2016 IN MA.NO.17/15 PASSED BY I
ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI PRODUCED
AT ANNEXURE-M.GRANT INTERIM ORDER, TO STAY JUDGMENT
DATED:16.04.2016 IN MA.NO.17/15 PASSED BY I ADDITIONAL
SENIOR CIVIL JUDGE AND CJM, BELAGAVI AT ANNEXURE-M.

     THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:

                            ORDER

This petition by the defendants in OS No.1481/2013 on

the file of learned III Addl. Civil Judge and JMFC, Belagavi is

directed against the impugned order dated 16.04.2016 passed

in MA No.17/2015 by the first appellate Court granting

temporary injunction in favour of the respondent/plaintiff

against the petitioners/defendants.

NC: 2023:KHC-D:8291 WP No. 105419 of 2016

2. Heard the learned counsel for the petitioners and

learned counsel for respondent and perused the material on

record.

3. Though several contentions have been urged by

both sides in support of their respective claims, it is relevant to

state that during the pendency of present petition, this Court

passed interim order dated 12.07.2016 staying the impugned

order passed by the first appellate Court granting temporary

injunction in favour of the respondent/plaintiff. The said

interim order passed by this Court on 12.07.2016 has not been

subsequently modified nor vacated till today and the same is in

operation and remains to be in force between the parties.

4. Under these circumstances, without expressing any

opinion on the merits/demerits of the rival contentions, I deem

it just and appropriate to dispose of this petition directing the

trial Court to dispose of the suit as expeditiously as possible

and at any rate within a period of six months from the date of

receipt of certified copy of this order, without being influenced

by the findings and observations recorded in the orders of the

trial Court and the first appellate Court. It is also directed that

NC: 2023:KHC-D:8291 WP No. 105419 of 2016

till disposal of the suit by the trial Court, the parties are

directed to maintain status-quo in all respects as on today in

relation to the suit schedule property, till disposal of the suit by

the trial Court. All rival contentions are kept open and no

opinion is expressed on the same.

5. Subject to the aforesaid directions, petition stands

disposed of.

Sd/-

JUDGE

JTR