Karnataka High Court
Shri. Appanna S/O Balappa Janagouda vs Smt. Ratnawwa W/O Babugumaj on 14 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-D:3501
WP No. 100734 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 100734 OF 2024 (GM-CPC)
BETWEEN:
SHRI. APPANNA
S/O BALAPPA JANAGOUDA
AGE. 70 YEARS,
OCC. AGRICULTURE,
R/O 172, ADAVI GALLI,
ALARWAD TQ AND DIST.
BELAGAVI-590020
...PETITIONER
(BY SRI. A P MURARI &
MISS SHIVANI A MURARI.,ADVOCATE)
AND:
1. SMT. RATNAWWA
W/O BABU GUMAJ
AGE.71 YEARS,
YASHAVANT OCC HOUSEHOLD,
NARAYANKAR
R/O LAXMI GALLI,
Digitally
signed by
BASTWAD VILLAGE,
YASHAVANT
NARAYANKAR
TQ AND DIST BELAGAVI-590020
2. SHRI CHANDRAKANT
S/O BABU GUMAJ
AGE.56 YEARS,
OCC HOUSEHOLD,
R/O LAXMI GALLI,
BASTWAD VILLAGE,
TQ AND DIST BELAGAVI-590020
3. SMT. SHOBA
W/O. KALLAPPA GUMAJ
AGE.45 YEARS,
OCC HOUSEWIFE,
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NC: 2024:KHC-D:3501
WP No. 100734 of 2024
R/O LAXMI GALLI,
BASTWAD VILLAGE,
TQ AND DIST BELAGAVI-590020
4. KUMARI SHRUSTI
D/O KALLAPPA GUMAJ
AGE.23 YEARS,
OCC: STUDENT,
R/O LAXMI GALLI,
BASTWAD VILLAGE,
TQ AND DIST BELAGAVI-590020
5. SHRI RAJENDRA
S/O BABU GUMAJ
AGE.50 YEARS,
OCC: AGRICULTURE,
R/O LAXMI GALLI,
BASTWAD VILLAGE,
TQ AND DIST BELAGAVI-590020
6. SHRI SURESH
S/O BABUGUMAJ
AGE.48 YEARS,
OCC AGRICULTURE,
R/O LAXMI GALLI,
BASTWAD VILLAGE,
TQ AND DIST BELAGAVI-590020
7. SMT. PADMASHREE
W/O. JINNAPPA PATIL,
AGE: 44 YEARS,
OCC: HOUSE WIFE
R/O PATIL GALLI, CHANDANHOSUR VILLAGE,
TAL & DIST: BELAGAVI.
8. SHRI RAJENDRA
S/O BHARAMAPPA GUMAJA,
AGE: 60 YEARS
OCC: AGRICULTURE,
R/O: RATNATRAYA BUILDING,
VANTAMURI COLONY, M.M.EXTENSION,
SECTOR NO.7, BELAGAVI-590016.
9. SHRI PRASANNAKUMAR
S/O BHARAMAPPA GUMAJA
AGE: 50 YEARS
OCC: BUSINESS
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NC: 2024:KHC-D:3501
WP No. 100734 of 2024
R/O. RATNATRAYA BUILDING,
VANTAMURI COLONY, M.M. EXTENSION,
SECTOR NO.7, BELAGAVI-590016.
10. SHRI BABU,
S/O DEVAPPA GUMAJ
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O LAXMI GALLI, BASTAWAD VILLAGE,
TAL & DIST. BELAGAVI-590020.
11. SHRI ASHOK
S/O PARIS GUMAJ
AGE: 57 YEARS,
OCC: AGRICULTURE
R/O LAXMI GALLI, BASTAWAD VILLAGE,
TAL & DIST. BELAGAVI-590020.
12. SHRI MAHAVEER,
S/O PARIS GUMAJ
AGE: 55 YEARS,
OCC: AGRICULTURE
R/O LAXMI GALLI, BASTAWAD VILLAGE,
TAL & DIST. BELAGAVI-590020.
13. SMT. AKKAWWA
S/O APPANNA JANNAGOUDA
AGE: 55 YEARS, OCC: HOUSEWIFE,
R/O: #172, ADAVI GALLI, ALARWAD,
VILLAGE-590020
TAL & DIST: BELAGAVI.
...RESPONDENT
(NOTICE TO RESPONDENTS IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT
PETITION GRANTING WRIT OR ORDER IN THE NATURE OF WRIT OF
CERTIORARI, SETTING ASIDE THE IMPUGNED JUDGMENT IN M.A.NO.
115/2023 DATED. 20.12.2023 PRODUCED AT ANNEXURE-H PASSED
BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC BELAGAVI AND
ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 100734 of 2024
ORDER
1. In view of the proposed order to be passed, notice to
respondent is dispensed with.
2. The petitioner is before this Court seeking for the
following reliefs:
a. Allow this writ petition granting writ or order in the
nature of writ of certiorari, setting aside the
impugned judgment in M.A.No.115/2023 dated
20.12.2023 produced at Annexure-H passed by the
learned Senior Civil Judge & JMFC Belagavi.
b. Restore the order on I.A.No.2 in O.S.No.183/2023
dated 31.08.2023 produced at Annexure-D passed
by the learned Civil Judge & JMFC, Belagavi, in the
interest of justice and equity..
c. Grant such other order/directions in the interest of
justice and equity.
3. The petitioner had filed a suit in OS No.183/2023
seeking for partition and separate position. In the
said suit, contending that the respondents were
putting up construction on joint family property which
would complicate the matter, an application in IA No.2
under Order 39 Rule 1 and 2 had been filed seeking
for injunction restraining the defendants from putting
up any further construction. The trial Court allowed
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the said application, which was taken up on appeal in
MA No.115/2023 by the defendants. The First
Appellate Court vide the impugned order dated
20.12.2023, excised its discretionary power and
permitted the defendants to continue with the
construction insofar as that particular floor was
concerned, restrained the defendants from putting up
any further construction of an additional floor and also
directed that the defendants will not claim any equity.
It is challenging the same, that the petitioner is before
this Court seeking for the aforesaid reliefs.
4. Submission of Ms.Shivani A.Murari., learned counsel
for the petitioner, is that if the construction is put up,
the defendant is likely to occupy the premises and/or
let out the premises, which would further lead to
multiplicity of proceedings and as such, the
construction ought to be restrained so as to preserve
the property in status quo.
5. Having heard learned counsel for the petitioner and
having produced the papers, it is clear that the appeal
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is only partly allowed inasmuch as further construction
has been restrained and only the existing construction
is permitted to complete the interior and external
work, since the floor has already been constructed. It
is further directed that the defendant will not claim
any equity. The same in my considered opinion, would
be equitable and would protect the interest of all the
parties.
6. Insofar as the contention of learned counsel for the
petitioner that 3rd party rights could be created on the
said construction. It would always be open for the
plaintiff to file necessary application before the trial
Court seeking for reliefs in respect thereto, which
could be considered by the trial court.
7. Reserving such liberty, the petition is disposed of.
Sd/-
JUDGE
