Karnataka High Court
Sri K V Rajashekara vs Sri Raju P on 6 March, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:9515
WP No. 4217 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.4217 OF 2023 (GM-CPC)
BETWEEN:
1. SRI K V RAJASHEKARA
S/O LATE YAJAMAN EREGOWDA,
AGED ABOUT 66 YEARS,
2. SRI MARISWAMY
S/O LATE HOTTEGOWDA,
AGED ABOUT 57 YEARS,
BOTH ARE R/AT KANNAMANGALA VILLAGE,
KASABA HOBLI, CHANNAPATNA TALUK,
RAMANAGARA -562 161.
...PETITIONERS
(BY SRI. RAJESWARA P N., ADVOCATE)
AND:
SRI RAJU P
Digitally
S/O LATE PUTTAIAH,
signed by AGED ABOUT 32 YEARS,
VANDANA S R/AT NO.52, 6TH MAIN, 6TH CROSS,
Location: OPPOSITE HOLY CHILD SCHOOL,
HIGH
COURT OF SRINIVAS NAGAR, BANASHANKARI,
KARNATAKA BENGALURU-560 050.
...RESPONDENT
(BY SRI. SHASHI KUMAR G V., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGMENT
DTD. 01.12.2022 PASSED IN M.A.NO.11/2021 BY THE HON'BLE
SENIOR CIVIL JUDGE AND J.M.F.C, CHANNAPATANA AT ANNX-A
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:9515
WP No. 4217 of 2023
ORDER
This petition by the defendants in O.S.No.178/2021 is
directed against the impugned order dated 08.11.2021 passed on
I.A.No.1 by the Prl. Civil Judge & JMFC, Channapatna, which
granted an order of temporary injunction in favour of the
respondent - plaintiff against the petitioners - defendants, whose
appeal in M.A.No.11/2021 was dismissed by the First Appellate
Court vide order dated 01.12.2022 by the Senior Civil Judge &
JMFC, Channapatna.
2. Heard learned counsel for the petitioners and learned
counsel for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the
respondent - plaintiff instituted the aforesaid suit against the
petitioners - defendants for permanent injunction and other reliefs
in relation to the suit schedule immovable property. The said suit is
being contested by the petitioners - defendants. The application
filed by the respondent - plaintiff for temporary injunction having
been allowed by the Trial Court, the appeal in M.A.No.11/2021 filed
by the petitioners having been dismissed, the petitioners are before
this Court by way of the present petition.
NC: 2024:KHC:9515
4. A perusal of the material on record will indicate that
several contentious issues and disputed questions of law and fact
arise for consideration between the parties, which would
necessarily have to be decided only after a full-fledged trial. 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 without interfering with the impugned order
and by directing the Trial Court to dispose of the suit on merits, in
accordance with law, without being influenced by the findings and
observations recorded in the impugned order passed by the Trial
Court and First Appellate Court. However, it is further directed that
till disposal of the suit by the Trial Court, the respondent - plaintiff
shall not put-up any construction over the suit schedule property
nor alienate, encumber or create third party rights over the same.
5. All rival contentions on all aspects of the matter are
kept open and no opinion is expressed on the same.
6. Subject to the aforesaid directions, petition stands
disposed of.
Sd/-
JUDGE
SV
