[Cites 3, Cited by 0]
Karnataka High Court
Smt Mallamma vs Smt Durgamma on 26 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2026:KHC-K:2773
WP No. 203174 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 203174 OF 2025 (GM-CPC)
BETWEEN:
SMT. MALLAMMA W/O LATE TIPPANNA,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O NASALAPUR VILLAGE,
TQ. MANVI, DIST. RAICHUR 584123
...PETITIONER
(BY SRI. MAHANTESH PATIL.,ADVOCATE)
AND:
SMT. DURGAMMA W/O LATE HANUMANTHA,
Digitally signed by
NIJAMUDDIN AGE: 59 YEARS, OCC: AGRICULTURE,
JAMKHANDI
Location: HIGH
R/O SANGAPUR VILLAGE, NEAR KARADIGUDDA,
COURT OF TQ. MANVI, DIST. RAICHUR 584123
KARNATAKA
...RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
SET ASIDE THE IMPUGNED ORDER DATED 17.12.2022 IN
O.S.NO.135/2022 PASSED BY THE LEARNED CIVIL JUDGE AND
JMFC, MANVI VIDE ANNEXURE-D AND IMPUGNED ORDER
DATED 01.10.2024 IN MA NO.6/2023 PASSED BY THE
-2-
NC: 2026:KHC-K:2773
WP No. 203174 of 2025
HC-KAR
LEARNED SENIOR CIVIL JUDGE AND JMFC, MANVI VIDE
ANNEXURE-F, B) PASS SUCH OTHER ORDERS OR DIRECTIONS
AS THIS HONOURABLE COURT DEEMS JUST AND PROPER
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND
ALLOW THIS WRIT PETITION.
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
This petition is filed under Articles 226 and 227 of the
Constitution of India seeking the following reliefs:
"A) Set aside the impugned order dated 17.12.2022
in O.S.No.135/2022 passed by the Learned Civil
Judge and JMFC, Manvi vide Annexure-D and
impugned order dated 01.10.2024 in MA No.6/2023
passed by the learned Senior Civil Judge and JMFC,
Manvi vide Annexure-F,
B) Pass such other orders or directions as this
Honourable Court deems just and proper under the
facts and circumstances of the case and allow this
writ petition"
2. Heard learned counsel for the petitioner.
NC: 2026:KHC-K:2773
HC-KAR
3. Respondent herein had filed OS No.135/2022
before the jurisdictional Civil Court with a prayer for
granting decree of permanent injunction in respect of suit
schedule property bearing Sy.No.97/E measuring 1 acre
20 guntas situated at Nassalapur village, Dist. Raichur.
Along with the said suit, she had filed I.A.No.I under Order
39 Rule 1 and 2 of CPC seeking the order of temporary
injunction, restraining the defendant from interfering with
the peaceful possession and enjoyment of the suit
schedule property. The said application was opposed by
the defendants by filing objections. Trial Court vide order
dated 17.12.2022 had allowed the I.A.No.I. Assailing the
same, petitioner had filed MA No.06/2023 before the Court
of Senior Civil Judge and JMFC, Manvi, which was
dismissed by the Appellate Court, vide the impugned order
dated 01.10.2024. Assailing the aforesaid two orders, the
petitioner/defendant is before this Court.
4. Perusal of the material on record would go to
show that the plaintiff had produced before the Trial Court
NC: 2026:KHC-K:2773
HC-KAR
the order dated 12.12.1984 and Saguvali Chit issued by
the Tahasildar, Manvi, which would go to show that the
suit schedule property was granted in favour of her
husband and he also had paid the upset price and survey
charges to the State. Based on the Saguvali chit, the
name of plaintiff's husband was entered in the revenue
records of the land in question. Insofar as the defendant is
concerned, no document was produced in support of her
case and on the other hand, she had contended that her
father in law was in possession and enjoyment of the suit
schedule property unauthorizedly and after his death, she
had continued in possession and enjoyment of the
property. The Trial Court having appreciated that the
plaintiff has produced necessary material in support of her
case and had made out prima facie case and also taking
into consideration that the balance of convenience lies in
favour of the plaintiff, has granted an order of temporary
injunction in her favour. The Appellate Court having
appreciated the aforesaid aspects of the matter, has
NC: 2026:KHC-K:2773
HC-KAR
rightly confirmed the order passed by the Trial Court on
I.A.No.I filed in OS No. 135/2022.
5. The scope for this Court in exercising its powers
under Article 227 of the Constitution of India to interfere
with the concurrent finding recorded by the two Courts is
very narrow. Unless it is found that the orders impugned
are perverse and are passed without taking into
consideration the material available on record, this Court
cannot interfere with the concurrent findings recorded by
the Courts below. Therefore, I am of the opinion that this
writ petition is liable to be rejected.
6. Accordingly, the following:
ORDER
Writ petition is dismissed.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NJ
List No.: 1 Sl No.: 2.1
