Sri C K Manjunatha v. Sri M Visveswaraya Education Trust
Case brief
What is this about?
The Karnataka High Court disposed of a miscellaneous first appeal challenging a temporary injunction. The court modified the order to permit the defendant's use of a portion of the property as a burial ground but prohibited constructing any tomb or structure thereon, leaving other merits open.
What did the court decide?
The temporary injunction was modified to permit use as a burial ground but restrain the construction of any tomb or structure on that portion.
What the court decided
- 1 -
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO.5660 OF 2019 (CPC)
BETWEEN: SRI C.K.MANJUNATHA S/O.LATE KRISHNA REDDY AGED ABOUT 35 YEARS RESIDING AT NO.20 CHOLANAYAKANAHALLY R.T.NAGAR POST BENGALURU-560 032 ... APPELLANT
(BY SRI KRISHNA B.R., ADVOCATE)
AND:
SRI M.VISVESWARAYA EDUCATION TRUST REGISTERED UNDER THE INDIAN TRUST ACT HAVING ITS OFFICE AT NO.14, R.G.C. CAMPUS CHOLANAGAR, BENGALURU-560 032
REP. BY ITS CHAIRMAN SRI P.SADASIVAN S/O.LATE PADMANABHAN AGED ABOUT 85 YEARS ... RESPONDENT
(BY SRI JANARDHANA G., ADVOCATE FOR C/R)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER XLIII RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 05.04.2019 PASSED BY THE COURT OF XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY IN OS.NO.25495/2017 ON IA.NOS.1 TO 3 AND ETC.
Issues for consideration
2 issues framed by the court
Whether the temporary injunction restraining the defendant from changing the nature of the disputed property requires modification given its use as a burial ground?
Whether the appellant's claim of adverse possession affects the trial court's order regarding the distinct nature of the property involved?
Parties & counsel
- appellant
Sri C.K.Manjunatha
- respondent
Sri M.Visveswaraya Education Trust
Coram
Pradeep Singh Yerur
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- MFA/5660/2019
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