M. A. Rahamathi Ali vs Nizam Sab
2023 Latest Caselaw 6756 Kant

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                                                            NC: 2023:KHC:34580
                                                           WP No. 8563 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 23RD DAY OF SEPTEMBER, 2023

                                               BEFORE
                               THE HON'BLE MR. JUSTICE E.S.INDIRESH
                              WRIT PETITION NO.8563 OF 2023 (GM-CPC)
                      BETWEEN:

                      1.    M. A. RAHAMATHI ALI
                            S/O AMASHA SAB,
                            AGED ABOUT 54 YEARS,
                            OCC. AGRICULTURIST,

                      2.    DADAPEER
                            S/O AMASHA SAB
                            AGED ABOUT 60 YEARRS,
                            OCC. AGRICULTURIST,

                      3.    MATHEEN SAB
                            S/O AMASHA SAB
                            AGED ABOUT 60 YEARS
                            OCC. AGRICULTURIST,

                            ALL ARE R/O THURCHAGHATTA VILLAGE,
                            BELAVANNURU POST,
Digitally signed by
ARUN KUMAR M S              DAVANAGERE TALUK
Location: High
Court of Karnataka          DAVANAGERE DISTRICT
                                                                 ...PETITIONERS
                      (BY SMT. MOHANA KUMARI B.V., ADVOCATE FOR
                      SRI. ABUBACKER SHAFI, ADVOCATE)

                      AND:

                      1.    NIZAM SAB
                            S/O IBRAHIM SAB,
                            AGED ABOUT 56 YEARS,
                            OCC. AGRICULTURIST,
                            (SUCCESSOR OF KHAJAMIYA SAB)
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                                     NC: 2023:KHC:34580
                                    WP No. 8563 of 2023




2.   KHAJA MIA
     S/O MADHABUL SAB,
     AGED ABOUT 45 YEARS,
     OCC. AGRICULTURIST,
     (SUCCESSOR OF KHAJAMIYA SAB)

3.   NOOVA SAB
     S/O IBRAHIM SAB,
     AGED ABOUT 56 YEARS,
     OCC. AGRICULTURIST,
     (SUCCESSOR OF KHAJAMIYA SAB)

4.   SANAULLA
     S/O GOUSE MOHIDDIN,
     AGED ABOUT 57 YEARS,
     OCC. AGRICULTRIST,
     (SUCCESSOR OF KHAJAMIYA SAB)

5.   GAFAR SAB
     S/O KHAZAMIYA SAB,
     AGED ABOUT 70 YEARS,
     OCC. AGRICULTURIST,
     (SUCCESSOR OF KHAJAMIYA SAB)

6.   KHATHUM BI
     W/O JAFAR SAB
     AGED 70 YEARS,
     OCC. AGRICULTURIST,
     (SUCCESSOR OF KHAJAMIYA SAB)

     RESPONDENTS 1 TO 6 ARE
     R/O THURCHAGHATTA VILLAGE,
     BELAVANURU POST,
     DAVANAGERE TALUK,
     DAVANAGERE DISTRICT
                                        ...RESPONDENTS
      THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED       23.11.2022 PASSED IN M.A.
NO.7/2022 ON THE FILE OF II ADDITIONAL SENIOR CIVIL
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                                          NC: 2023:KHC:34580
                                        WP No. 8563 of 2023




JUDGE AND JMFC AT DAVANAGERE VIDE ANNEXURE-F AND
ALSO ORDER DATED 21.10.2021 PASSED ON IA NO.2 IN O.S.
NO.158/2021 ON THE FILE OF PRINCIPAL CIVIL JUDGE AT
DAVANAGERE VIDE ANNEXURE-E AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

1. In this writ petition, petitioners are assailing the

order dated 23.11.2022 in M.A. No.7/2022 on the file of II

Addl. Senior Civil Judge & JMFC, Davanagere, confirming

the order dated 21.10.2021 dismissing the I.A. II filed in

O.S. No.158/2021 by the learned Principal Civil Judge (Jr.

Dn.), Davanagere.

2. Heard learned counsel appearing for the petitioners.

3. The petitioners herein are the plaintiffs in O.S.

No.158/2021 on the file of the Trial Court seeking relief of

declaration with consequential reliefs. Plaintiffs have filed

application I.A. II under Order XXXIX Rules 1 and 2 read

with Section 151 of C.P.C. in the said suit, seeking

NC: 2023:KHC:34580 WP No. 8563 of 2023

temporary injunction. The defendants filed written

statement and objections stating that the plaintiffs have

already filed O.S. No.360/2003 on the file of Principal Civil

Judge, Davanagere which came to be dismissed and being

aggrieved by the same, plaintiffs filed R.A. No.93/2014

which also came to be dismissed Thereafter, plaintiffs have

preferred second appeal before this Court in RSA

No.2613/2007. The Trial Court, taking into consideration

the objections filed by the defendants held that the

plaintiffs have not made out a prima facie case for grant of

temporary injunction and accordingly, dismissed the

application filed under Order XXXIX Rules 1 and 2 read

with Section 151 of CPC.

4. In that view of the matter, I have carefully examined

the reasons assigned by the First Appellate Court in M.A.

No.7/2022. Taking into consideration that on earlier

occasion, the suit filed by the plaintiffs came to be

dismissed and the Trial Court has exercised discretionary

jurisdiction while dismissing the application and further,

NC: 2023:KHC:34580 WP No. 8563 of 2023

having taken note of the finding recorded by the First

Appellate Court, at paragraph Nos.20 and 21 of its

Judgment, I am of the view that, the petitioners / plaintiffs

have not made out a prima facie case for interference

under Article 227 of the Constitution of India.

5. Accordingly Writ Petition is dismissed.

SD/-

JUDGE

sac