[Cites 2, Cited by 0]
Karnataka High Court
Srishail vs Siddanna on 11 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 201536 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 201536 OF 2025 (GM-CPC)
BETWEEN:
SMT. SRISHAIL
S/O AVVAPPA BENNESHWAR,
AGE: 45 YEARS, OCC: AGRI,
R/O KUMASAGI, TQ. AALMEL, DIST. VIJAYAPUR
...PETITIONER
(BY SRI. B. BHIMASHANKAR, ADVOCATE)
AND:
1. SIDDANNA
Digitally signed S/O BATTHAGOUDA BATTHAGOUDAR,
by SACHIN AGE: 66 YEARS, OCC: AGRI,
Location: HIGH R/O KUMASAGI, TQ. AALMEL, DIST. VIJAYAPUR.
COURT OF
KARNATAKA
2. THE PANCHAYAT DEVELOPMENT OFFICER,
DEVARNADAGI TQ. AALMEL, DIST. VIJAYAPUR.
...RESPONDENTS
(BY SMT. HEMA V. S., ADVOCATE FOR R1;
V/O DTD.09.06.2025 NOTICE TO R2 IS DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WIRT, ORDER
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WP No. 201536 of 2025
HC-KAR
OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED
05.04.2025 PASSED IN MISC. APPEAL NO.02/2025 ON THE
FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT
SINDAGI AND RESTORE THE ORDER DATED 17.01.2025 ON
I.A.NO.I IN O.S.NO.451/2024 ON THE FILE OF THE CIVIL
JUDGE AND JMFC AT SINDAGI PRODUCED AT ANNEXURE-C. B)
AND SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS
FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF
THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
1. Defendant is before this Court in this writ petition filed
under Article 227 of the Constitution of India, with a prayer to
quash the order dated 05.04.2025 passed in MA No.2/2025 by
the Court of Senior Civil Judge and JMFC, Sindagi.
2. Heard the learned counsel for the parties.
3. Respondent No.1 herein has filed OS No.451/2024 before
the jurisdictional Civil Court at Sindagi, seeking the relief of
permanent injunction against the petitioner, who is defendant
No.1 in the said suit, restraining him from putting up
construction in the suit schedule property. In the said suit, IA
No.1 was filed on behalf of the plaintiff under Order XXXIX
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Rules 1 and 2 of CPC. The Trial Court vide the order dated
18.01.2025 had rejected IA No.1 filed in OS No.451/2024.
Aggrieved by the same, plaintiff had filed MA No.2/2025 before
the Court of Senior Civil Judge and JMFC, Sindagi, which was
allowed on 05.04.2025 and it is under these circumstances,
defendant No.1 is before this Court.
4. Learned counsel for the petitioner having reiterated the
grounds urged in the petition submits that construction which is
put-up by the petitioner is strictly in accordance with the
building licence and he has not encroached any land to put-up
the construction in question. He submits that major portion of
the construction is now completed and at this stage, if the
petitioner is restrained from putting up further construction, he
would be put to monetary loss and hardship. He submits that
the petitioner is ready and willing to file an affidavit before this
Court undertaking to demolish the construction put-up by him
in the disputed property in the event, plaintiff succeeds in the
suit, without pleading any equity.
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5. Learned counsel for respondent No.1 submits that subject
to petitioner filing an affidavit as aforesaid, he may be
permitted to complete the construction of his house.
6. The submissions made on both sides are placed on
record.
7. Learned counsel for the petitioner has filed an affidavit of
undertaking of the petitioner before this Court dated
11.03.2026. In paragraph Nos.1 to 5 of the said affidavit of
undertaking, it is stated as follows:-
"1. That I am the Petitioner in this Writ Petition
and was Defendant No.1 before the learned trial
Court in O.S. No. 451/2024. Hence, I am fully
aware of the Respondent and the facts of the case
in question.
2. That the Respondent/Plaintiff in O.S. No.
451/2024 has filed a suit for permanent injunction
seeking to restrain me from constructing a house
over the suit property, alleging that I have
encroached upon the public road and am
constructing on the eastern side of the said suit
property.
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3. That my specific contention/defense before
the learned trial court in the original suit is that I
am constructing my house strictly within the
boundaries of my property as recorded in the
property Khata issued by the Panchayat. The
construction of my house has been almost
completed, up to the roof of the first floor. Due to
the injunction order of the first appellate court in
M.A No.02/2025 vide order dated 05.04.2025 my
construction is stoped, and my construction
materials are getting damaged and wasted.
4. That I hereby undertake before this Hon'ble
Court that if the Plaintiff succeeds in the original
suit by obtaining a decree that I have encroached
upon the public road, I shall remove the
construction on the encroached area and shall fully
comply with the decree of the trial court.
5. That in view of the above undertaking, I may
be permitted by this Hon'ble Court to continue the
construction of the house over the suit property."
8. In view of the aforesaid, I am of the opinion that the
impugned order at Annexure - C dated 05.04.2025 passed by
the Court of Senior Civil Judge and JMFC, Sindagi, in MA
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No.2/2025 needs to be set-aside. Accordingly, the following
order:-
9. The writ petition is allowed. The impugned order at
Annexure - C dated 05.04.2025 passed in MA No.2/2025 by the
Court of Senior Civil Judge and JMFC, Sindagi, is set-aside.
10. It is made clear that the construction put-up by the
petitioner in the suit schedule property would be subject to the
outcome of OS No.451/2024 and the petitioner shall be strictly
bound by the affidavit of undertaking filed by him in this writ
petition.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DN
List No.: 1 Sl No.: 1
CT:PK
