[Cites 1, Cited by 0]
Karnataka High Court
Smt. G. Sridevi And Anr vs Sri. P. Giridhar on 9 February, 2026
-1-
NC: 2026:KHC-K:1173
MFA No. 200270 of 2020
C/W MFA No. 200269 of 2020
MFA No. 200271 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
MISC. FIRST APPEAL NO.200270 OF 2020 (CPC)
C/W
MISC. FIRST APPEAL NO.200269 OF 2020
MISC. FIRST APPEAL NO.200271 OF 2020
IN MFA No.200270/2020:
BETWEEN:
SRI S. RAMESH RAJU
S/O LATE S. RAMAKRISHNAN RAJU,
AGED ABOUT: 45 YEARS OCC: AGRICULTURIST,
RESIDING NEAR LOYOLA SCHOOL,
SINDHANUR ROAD, MANVI TALUK,
Digitally signed by
KHAJAAMEEN RAICHUR DISTRICT,
MALAGHAN C/O SHARANAPPA ADVOCATE,
Location: HIGH #6-7-15, THIMMAPUR PET,
COURT OF
KARNATAKA NEAR MAREMMA TEMPLE, RAICHUR.
...APPELLANT
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND:
1. SRI. P. GIRIDHAR S/O NAGAPPA,
AGED ABOUT: 42 YEARS,
R/ AT BELLARY,
TQ. & DIST. BELLARY-583 116.
...RESPONDENT
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NC: 2026:KHC-K:1173
MFA No. 200270 of 2020
C/W MFA No. 200269 of 2020
MFA No. 200271 of 2020
HC-KAR
THIS MFA IS FILED UNDER SECTION XLIII RULE 1(r) OF
CPC, PRAYING TO SET ASIDE THE ORDER DATED 20.12.2019
PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC,
SINDHANOOR, SITTING AT MANVI, ON I.A.NO.I IN
O.S.NO.129/2018 VIDE ANNEXURE-D AND ALLOW THE I.A.NO.I
BY GRANTING TEMPORARY INJUNCTION.
IN MFA NO.200269/2020:
BETWEEN:
1. SMT. G. SRIDEVI W/O RAVI RAJU,
D/O LATE S. RAMAKRISHNAM RAJU,
AGE: 48 YEARS,
OCC: AGRICULTURIST & HOUSEHOLD.
2. SRI. S. RAMESH RAJU
S/O LATE S. RAMAKRISHNAN RAJU,
AGED ABOUT: 45 YEARS OCC: AGRICULTURIST,
RESIDING NEAR LOYOLA SCHOOL, SINDHANUR ROAD,
MANVI TALUK, RAICHUR DISTRICT,
BOTH C/O SHARANAPPA ADVOCATE,
#6-7-15, THIMMAPUR PET, NEAR MAREMMA TEMPLE
RAICHUR.
...APPELLANTS
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND:
SRI P. GIRIDHAR S/O NAGAPPA,
AGED ABOUT 42 YEARS,
R/AT BELLARY,
TQ & DIST. BELLARY-583 116.
...RESPONDENT
THIS MFA IS FILED UNDER SECTION XLIII RULE 1(r)OF
CPC ACT, PRAYING TO, SET ASIDE THE ORDER DATED
20.12.2019, PASSED BY THE LEARNED SENIOR CIVIL JUDGE
AND JMFC SINDHANOOR, SITTING AT MANVI, ON I.A.NO.I IN
O.S.NO.128/2018 VIDE ANNEXURE-D AND ALLOW THE I.A
NO.I BY GRANTING TEMPORARY INJUNCTION.
-3-
NC: 2026:KHC-K:1173
MFA No. 200270 of 2020
C/W MFA No. 200269 of 2020
MFA No. 200271 of 2020
HC-KAR
IN MFA NO.200271/2020:
BETWEEN:
SRI S. RAMESH RAJU
S/O LATE S. RAMAKRISHNAN RAJU,
AGED ABOUT 47 YEARS, OCC: AGRICULTURIST,
RESIDING NEAR LOYOLA SCHOOL,
SINDHANUR ROAD, MANVI TALUK,
RAICHUR DISTRICT,
C/O SHARANAPPA ADVOCATE,
#6-7-15, THIMMAPUR PET,
NEAR MAREMMA TEMPLE, RAICHUR.
...APPELLANT
(BY SRI MAHANTESH PATIL, ADVOCATE)
AND:
SRI. P. GIRIDHAR S/O NAGAPPA,
AGED ABOUT 42 YEARS,
R/ AT BELLAY,
TQ. AND DIST. BELLARY-583 116.
...RESPONDENT
THIS MFA IS FILED UNDER SECTION XLII RULE 1(r)OF
CPC ACT, PRAYING TO, SET ASIDE THE ORDER DATED-
20.12.2019, PASSED BY THE LEARNED SENIOR CIVIL JUDGE
AND JMFC SINDHANOOR, SITTING AT MANVI, ON I.A.NO.1 IN
O.S.NO.130/2018 VIDE ANNEXURE-D AND ALLOW THE I.A
NO.1 BY GRANTING TEMPORARY INJUNCTION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2026:KHC-K:1173
MFA No. 200270 of 2020
C/W MFA No. 200269 of 2020
MFA No. 200271 of 2020
HC-KAR
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL JUDGMENT
IN MFA.NO.200270/2020 :-
This appeal is preferred by the plaintiff assailing the
order dated 20.12.2019 in O.S.No.129/2018 on the file of
Senior Civil Judge and JMFC, Sindhanur, sitting at Manvi,
dismissing the application filed by the plaintiff under Order
XXXIX Rule 1 and 2 of CPC.
02. Having taken note of the submission made by
the learned counsel appearing for the parties, the plaintiff
has filed suit seeking relief of declaration and assailing the
sale deed dated 13.04.2018 in respect of the suit schedule
property. Along with the suit, the plaintiff has filed
application under Order XXXIX Rule 1 and 2 of CPC,
seeking relief that the defendant cannot alienate the suit
schedule property.
NC: 2026:KHC-K:1173
HC-KAR
03. In this regard, the perusal of the finding
recorded by the Trial Court would indicate as per
paragraphs 10 and 11 that the plaintiff has not produced
the document as to establish that the property in question
has fallen to the share of the plaintiff as per the Final
Decree Proceedings.
04. In that view of the matter, taking into
consideration the fact that the defendant has purchased
the suit schedule property as per the registered sale deed
dated 13.04.2018, no interference is called for, as there is
no perversity in the impugned order passed by the Trial
Court. Accordingly, the appeal is dismissed.
05. The Trial Court is directed to expedite the
hearing since the suit is of the year 2018.
IN MFA.NO.200269/2020 :-
06. This appeal is preferred by the plaintiffs
assailing the order dated 20.12.2019 in O.S.No.128/2018
on the file of Senior Civil Judge and JMFC, Sindhanur,
sitting at Manvi, dismissing the application filed by the
plaintiff under Order XXXIX Rule 1 and 2 of CPC.
NC: 2026:KHC-K:1173
HC-KAR
07. Having taken note of the submission made by
the learned counsel appearing for the parties, the plaintiffs
has filed suit seeking relief of declaration and assailing the
sale deed dated 13.04.2018 in respect of the suit schedule
property. Along with the suit, the plaintiffs have filed
application under Order XXXIX Rule 1 and 2 of CPC,
seeking relief that the defendant cannot alienate the suit
schedule property.
08. In this regard, the perusal of the finding
recorded by the Trial Court would indicate as per
paragraphs 10 and 11 that the plaintiff has not produced
the document as to establish that the property in question
has fallen to the share of the plaintiffs as per the Final
Decree Proceedings.
09. In that view of the matter, taking into
consideration the fact that the defendant has purchased
the suit schedule property as per the registered sale deed
dated 13.04.2018, no interference is called for, as there is
no perversity in the impugned order passed by the Trial
Court. Accordingly, the appeal is dismissed.
NC: 2026:KHC-K:1173
HC-KAR
10. The Trial Court is directed to expedite the
hearing since the suit is of the year 2018.
IN MFA.NO.200271/2020 :-
11. This appeal is preferred by the plaintiff assailing
the order dated 20.12.2019 in O.S.No.130/2018 on the file
of Senior Civil Judge and JMFC, Sindhanur, sitting at
Manvi, dismissing the application filed by the plaintiff
under Order XXXIX Rule 1 and 2 of CPC.
12. Having taken note of the submission made by
the learned counsel appearing for the parties, the plaintiff
has filed suit seeking relief of declaration and assailing the
sale deed dated 13.04.2018 in respect of the suit schedule
property. Along with the suit, the plaintiff has filed
application under Order XXXIX Rule 1 and 2 of CPC,
seeking relief that the defendant cannot alienate the suit
schedule property.
NC: 2026:KHC-K:1173
HC-KAR
13. In this regard, the perusal of the finding
recorded by the Trial Court would indicate as per
paragraphs 10 and 11 that the plaintiff has not produced
the document as to establish that the property in question
has fallen to the share of the plaintiff as per the Final
Decree Proceedings.
14. In that view of the matter, taking into
consideration the fact that the defendant has purchased
the suit schedule property as per the registered sale deed
dated 13.04.2018, no interference is called for, as there is
no perversity in the impugned order passed by the Trial
Court. Accordingly, the appeal is dismissed.
15. The Trial Court is directed to expedite the
hearing since the suit is of the year 2018.
Sd/-
(E.S.INDIRESH)
JUDGE
KJJ
List No.: 1 Sl No.: 2
CT:PK
