Karnataka High Court
Smt. Rangubai W/O Purushottam Kulkarni vs Anuradha W/O Srinivas Kulkarni on 29 October, 2024
-1-
NC: 2024:KHC-D:15989
MFA No. 101281 of 2022
C/W MFA No. 101282 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.101281 OF 2022 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO.101282 OF 2022
IN MFA.NO.101281/2022:
BETWEEN:
SMT. RANGUBAI
W/O PARASHURAM KULKARNI,
AGE: 89 YEARS, OCC: NIL,
R/O: H.NO.2, KUMARESHWAR NAGAR,
VIDYANGAR, HUBBALLI,
DIST: DHARWAD - 580 021.
...APPELLANT
(BY SRI J. S. SHETTY ASSOCIATES, ADVOCATE)
AND:
1. ANURADHA W/O. SRINIVAS KULKARNI,
Digitally signed AGE: 57 YEARS,
by SAROJA
HANGARAKI OCC: HOUSEHOLD WORK,
Location: High
Court of
R/O: SHETTAR LAYOUT,
Karnataka LINGARAJA NAGAR,
HUBBALLI,
DIST: DHARWAD - 580 021.
2. DILEEP S/O. SRINIVAS KULKARNI,
AGE: 33 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SHETTAR LAYOUT,
LINGARAJA NAGAR,
HUBBALLI,
DIST: DHARWAD - 580 021.
3. ANOOP S/O. SRINIVAS KULKARNI,
AGE: 27 YEARS,
-2-
NC: 2024:KHC-D:15989
MFA No. 101281 of 2022
C/W MFA No. 101282 of 2022
OCC: PRIVATE WORK,
R/O: SHETTAR LAYOUT,
LINGARAJA NAGAR,
HUBBALLI,
DIST: DHARWAD - 580 021.
4. PARASHURAM P M/S. MADHURA TRADERS,
AGE: 57 YEARS,
OCC: BUSINESS,
R/O: H.NO.1, KUMARESHWAR NAGAR,
VIDYANGAR, HUBBALLI,
DIST: DHARWAD.
...RESPONDENTS
(BY SRI DINESH M. KULKARNI, ADVOCATE FOR R1 TO R3;
NOTICE TO R4 IS SERVED BUT UNREPRESENTED)
THIS MFA IS FILED U/O.43 RULE 1 OF THE CODE OF CIVIL
PROCEDURE, AGAINST THE ORDER DATED 14.03.2022, PASSED IN
R.A.NO.274/2019 ON THE FILE OF THE III ADDITIONAL SENIOR
CIVIL JUDGE, AND JUDICIAL MAGISTRATE FIRST CLASS, HUBBALLI
AND ETC.,
IN MFA.NO.101282/2022:
BETWEEN:
SMT. RANGUBAI
W/O. PARASHURAM KULKARNI,
AGE: 89 YEARS, OCC: NIL,
R/O: H.NO.2, KUMARESHWAR NAGAR,
VIDYANAGAR, HUBBALLI,
DIST: DHARWAD - 580 021.
...APPELLANT
(BY SRI J. S. SHETTY ASSOCIATES, ADVOCATE)
AND:
1. ANURADHA W/O. SRINIVAS KULKARNI,
AGE: 57 YEARS,
OCC: HOUSEHOLD WORK,
R/O: SHETTAR LAYOUT, LINGARAJA NAGAR,
HUBBALLI,
DIST: DHARWAD - 580 021.
-3-
NC: 2024:KHC-D:15989
MFA No. 101281 of 2022
C/W MFA No. 101282 of 2022
2. DILEEP S/O. SRINIVAS KULKARNI,
AGE: 33 YEARS,
OCC: PRIVATE WORK,
R/O: SHETTAR LAYOUT,
LINGARAJA NAGAR,
HUBBALLI,
DIST: DHARWAD - 580 021.
3. ANOOP S/O. SRINIVAS KULKARNI,
AGE: 27 YEARS,
OCC: PRIVATE WORK,
R/O: SHETTAR LAYOUT,
LINGARAJA NAGAR,
HUBBALLI,
DIST: DHARWAD - 580 021.
4. PARASHURAM P. M/S. MADHURA TRADERS,
AGE: 57 YEARS, OCC: BUSINESS,
R/O: H.NO.1,
KUMARESHWAR NAGAR,
VIDYANAGAR, HUBBALLI,
DIST: DHARWAD - 580 021.
...RESPONDENTS
(BY SRI DINESH M. KULKARNI, ADVOCATE FOR R1 TO R3;
NOTICE TO R4 IS SERVED BUT UNREPRESENTED)
THIS MFA IS FILED U/O.43 RULE 1 OF THE CODE OF CIVIL
PROCEDURE, PRAYED THAT THE ORDER DATED 14.03.2022, PASSED
ON I.A.NO.1 AND I.A.NO. 8, IN O.S.NO.274/2019 BY THE III
ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, HUBBALLI, MAY KINDLY BE SET ASIDE BY ALLOWING
THIS APPEAL WITH THE COST THROUGHOUT IN THE ENDS OF
JUSTICE AND EQUITY AND ETC.,
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
-4-
NC: 2024:KHC-D:15989
MFA No. 101281 of 2022
C/W MFA No. 101282 of 2022
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The above appeals are filed by the defendant No.1
challenging the order dated 14.03.2022 passed on I.A.No.1 and
8 in O.S.No.274/2019 by the III Additional Senior Civil Judge
and JMFC, Hubballi1.
2. The relevant facts leading to the present
appeals are that the respondents 1 to 3/plaintiffs instituted a
suit for partition in O.S.No.274/2019 before the Trial Court
against one Shrikanth and respondent No.4 (a tenant of the
suit property). The defendant No.1 having deceased, his
mother/the appellant herein, was brought on record as the
legal representative of deceased defendant No.1. The plaintiffs
filed I.A.No.1 under Order XXXIX Rule 1 and 2 of the Code of
Civil Procedure, 19082 for injunction to restrain the defendants
from alienating the suit property. The defendant
No.1(a)/appellant herein filed I.A.No.7 under Order XXXIX Rule
1 and 2 of CPC to restrain the plaintiffs from interfering with
Hereinafter referred as "the Trial Court"
Hereinafter referred as "CPC"
NC: 2024:KHC-D:15989
her possession of the suit property. The defendant
No.1(a)/appellant herein also filed I.A.No.8 under Order XXXIX
Rule 4 of the CPC for vacating the ex parte order of injunction
granted by the Trial Court on I.A.No.1. All the said applications
were taken up together for consideration by the Trial Court and
vide order dated 14.03.2022, the I.A.No.1 filed by the plaintiff
was allowed and I.A.Nos.7 and 8 filed by the defendant No.1(a)
were rejected. Being aggrieved by the dismissal of I.A.No.7 and
8, the above appeals are filed by the defendant No.1(a).
3. This Court vide order dated 21.04.2022
passed in MFA No. 101281/2022 has ordered as follows:
"Until further orders the possession of the
appellant in respect of house property
comprised in Plot No.2 shall not be
disturbed.
4. Heard the submissions of learned counsel Sri.
J. S. Shetty for the appellant and learned counsel Sri. Dinesh M
Kulkarni for the respondents 1 to 3/plaintiffs.
5. Although various contentions are sought to be
put forth by the learned counsels on the merits of the matter, it
is forthcoming that consequent to the order dated 21.04.2022
NC: 2024:KHC-D:15989
passed by this Court, the suit filed by the respondents 1 to
3/plaintiffs has been proceeded with, and the pleadings have
been completed and various interim applications are under
consideration by the Trial Court. In view of the fact that the
interim order granted by this Court has been in operation for
more than two years, it is expedient that the said interim order
shall be continued till the disposal of the suit.
6. In view of the aforementioned, the appeals
are disposed off by continuing the interim order dated
21.04.2022 passed by this Court wherein it has been ordered
that the possession of the appellant in respect of the house
property comprised in Plot No.2 shall not be disturbed, which
interim order shall continue during pendency of the suit.
Ordered accordingly.
7. All contentions of the parties are left open.
Sd/-
(C.M. POONACHA)
JUDGE
YAN
CT-ASC
