Sayed Baba Jan v. O L Prabhu
Case brief
What is this about?
Special Leave Petition filed under Articles 226 and 227 of the Constitution challenging an appellate order dissolving a temporary injunction. The High Court rejected the petition, holding the appellate court did not act perversely.
What did the court decide?
The writ petition was rejected; the impugned order of the appellate court was left in place, and no interference was granted.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 12597/2021 (GM-CPC)
BETWEEN :
SRI. SAYED BABA JAN S/O LATE SYED ANWAR MOHAMMED AGED ABOUT 40 YEARS, R/AT BUDEN SAB PALYA JALA HOBLI BANGALORE NORTH TALUK BENGALURU – 562 162.
... PETITIONER
(BY SRI. C.H. JADHAV., SENIOR ADVOCATE SRI. GANGADHAR., ADVOCATE)
AND :
SRI. O. L. PRABHU S/O LATE O M LINGAPPA AGED ABOUT 61 YEARS, R/AT NO.100, SHOLURU HOUSE, RAILWAY PARALLEL ROAD KUMARA PARK ROAD BENGALURU – 560 020.
Issues for consideration
3 issues framed by the court
Whether the Hon'ble High Court ought to have interfered with the appellate court's impugned order dissolving the temporary injunction.
Whether the appellate court acted arbitrarily or capriciously by refusing to grant a temporary injunction due to lack of original grant certificate and ambiguous property identity.
Whether the petitioner succeeded in establishing a prima facie case for title and possession of the subject property.
Parties & counsel
- petitioner
SRI. SAYED BABA JAN
- respondent
SRI. O. L. PRABHU
Coram
B. M. SHYAM PRASAD
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- WP/12597/2021
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