Karnataka High Court
Sri Rajesh R vs Smt Padmavathi on 14 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:6413
WP No. 4049 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 4049 OF 2024 (GM-CPC)
BETWEEN:
SRI RAJESH R
SON OF LATE RAMAIAH,
AGED ABOUT 33 YEARS,
RESIDING AT NO. E61,
NEAR KARAGAMMA TEMPLE,
IAGGALURU VILLAGE,
ATTIBELE HOBLI, ANEKAL TALUK
BENGALURU 560099.
...PETITIONER
(BY SMT. CHANDANA G., ADVOCATE)
AND:
Digitally
signed by 1. SMT PADMAVATHI
Vandana S
WIFE OF KRISHNA REDDY R
Location:
HIGH COURT AGED ABOUT 39 YEARS,
OF
KARNATAKA HOUSE NO. 1 AND 2
GURU SAI KRUPA NILAYA,
JR COCONEST, MARSUR MAIN ROAD,
MARSUR VILLAGE, KASABA HOBLI,
ANEKAL TALUK, BENGALURU-560099.
2. SRI R KRISHNA REDDY
SON OF LATE RAMA REDDY,
AGED ABOUT 48 YEARS,
HOUSE NO. 1 AND 2,
-2-
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WP No. 4049 of 2024
GURU SAI KRUPA NILAYA
JR COCONEST, MARSUR MAIN ROAD,
MARSUR VILLAGE, KASABA HOBLI,
ANEKAL TALUK
BENGALURU-560099.
...RESPONDENTS
(BY SRI. KEMPANNA, ADVOCATE FOR C/R)
THIS WP IS FILED UNDER ARTICLE 227
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
JUDGMENT/ORDER DATED 05/01/2024 IN MISCELLANEOUS
APPEAL NO. 46 OF 2022 PASSED BY THE II ADDL. SENIOR
CIVIL JUDGE AND JMFC AT ANEKAL, (ANNEXURE-A)
ALLOW THE MISCELLANEOUS APPEAL AND THEREBY SET
ASIDE THE ORDER OF TEMPORARY INJUNCTION DATED
21/10/2022 (ANNEXURE-B) PASSED BY THE LEARNED BY
THE PRL. CIVIL JUDGE AND JMFC, ANEKAL IN OS NO. 289
OF 2022.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by the defendant in O.S.No.289/2022 on
the file of the Principal Civil Judge and JMFC, Anekal [for
short, 'the trial Court'], is directed against the impugned
order dated 21.10.2022 passed by the trial Court granting
temporary injunction in favour of the respondents-plaintiffs
and confirmed by the II Additional Senior Civil Judge and
JMFC, Anekal [forr short, 'the first appellate Court'] in
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M.A.No.46/2022 filed by the petitioner, which was
dismissed by the first appellate Court.
2. Heard the learned counsels for the parties and
perused the material on record.
3. The material on record discloses that the
respondents-plaintiffs instituted the aforesaid suit against
the appellant - defendant for permanent injunction and
other reliefs in relation to the suit schedule immovable
property, which comprise of a site. The said suit is being
contested by the petitioner-defendant, who has not only
opposed the claim of the plaintiffs but also has put forth
counter claim in relation to the written statement schedule
property. Pursuant to an application filed by the
respondents-plaintiffs for temporary injunction, the trial
Court passed the impugned order dated 21.10.2022
granting temporary injunction in favour of the plaintiffs
against the petitioner - defendant, who preferred an appeal
in M.A.No.46/2022, which was also dismissed by the first
appellate Court vide impugned order both of which are
assailed in the present petition. The material on record
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indicates that there are several contentious issues and
disputed questions of law and fact that arises for
consideration which would necessarily have to be decided
by the trial Court after a full fledged trial.
4. Under these circumstances, having regard to
the fact that the suit schedule property is vacant as of
today, without expressing any opinion on the
merits/demerits of the contentions, I deem it just and
appropriate to dispose of this petition modifying the
impugned orders passed by the trial Court and the first
appellate Court and by directing both parties to maintain
status quo in all respects as of today in relation to the suit
schedule property till disposal of the suit by the trial Court.
5. In the result, the following:
ORDER
a The petition is hereby disposed off.
b The impugned order dated 21.10.2022
passed in O.S.No.280/2022 on the file of
the Principal Civil Judge and JMFC,
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Anekal and the impugned order dated
05.01.2024 passed in M.A.No.46/2022 on
the file of the II Additional Senior Civil
Judge and JMFC, Anekal are hereby
modified.
c The parties are directed to maintain status
quo in all respects as of today in relation
to the suit schedule property till the
disposal of the suit.
d Both parties are directed to cooperative
with the trial Court for expeditious
disposal of the suit.
e All rival contentions on all aspects of the
matter are kept open and no opinion is
expressed on the same.
f The trial Court is directed to dispose of
the suit as expeditiously as possible
without being influenced by the findings
and observations recorded in the
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impugned orders passed by the trial Court
and the first appellate court.
Sd/-
JUDGE
RB
