Dismissed

Sri. Hanumaiah @ Hanumanthappa v. M/S Harina Developers Pvt. Ltd.

Karnataka HC22 Jul 2021WP/9316/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a writ petition filed under Article 227 seeking to quash proceedings in a suit for permanent injunction. The court upheld the temporary injunction granted by courts below regarding a property sale dispute, finding no exception to the lower courts' findings. The petitioner was directed to seek redressal for separate grievances in a different forum.

What did the court decide?

Writ petition dismissed with no costs. The petitioner is directed to seek redressal of grievances in the appropriate forum.

Sri. Hanumaiah @ Hanumanthappa Vs M/S… — Civil Procedure and Limitation | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JULY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.9316 OF 2021 (GM-CPC)

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BETWEEN :

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SRI. HANUMAIAH @ HANUMANTHAPPA S/O LATE HANUMANTHAIAH AGED ABOUT 68 YEARS RESIDING AT HUSKUR VILLAGE DASANAPURA HOBLI BANGALORE NORTH TALUK BANGALORE URBAN DISTRICT PIN CODE-562 123 …PETITIONER

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(BY SHRI. K.M. PRAKASH, ADVOCATE)

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AND :

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M/S. HARINA DEVELOPERS PVT LTD. REGD. OFFICE AT NO.47/10/01 VI CROSS, 10^TH MAIN BANASHANKARI III STAGE BANGALORE-560 085 REP. BY ITS MANAGING DIRECTOR R. RAGHAVENDRA REDDY …RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.03.2020 PASSED IN M.A.NO.74/17 BY THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE BY ALLOWING THE APPLICATION FILED BY THE RESPONDENT/PLAINTIFF FILED UNDER ORDER XLII RULE 1 READ WITH SECTION 104 OF CODE OF CIVIL PROCEDURE AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner is defendant in O.S.No.171/2017 on the file of Senior Civil Judge, Nelamangala. Respondent has filed the instant suit for permanent injunction. Learned Trial Judge has granted temporary injunction and the same has been confirmed by the First Appellate Court. Hence, this writ petition.

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It is recorded by the learned Trial Judge that one Thimmaiah had purchased the Suit Property under Sale Deed dated 10.07.1992. After his death, revenue entries were changed in the name of his wife Sharadamma as per M.R.No.7/2007-08. She got the property converted for residential purposes and sold it to the plaintiff under Sale Deed dated 23.09.2011. Petitioner is son of Thimmaiah's brother Hanumanthaiah.

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Petitioner's grievance is with regard to sale of 20 Guntas of land by one Shri Ramaiah in Sy.No.60/1. Learned Trial Judge has rightly held that petitioner will have to seek redressal of his grievance in

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different forum and accordingly, he granted temporary injunction. Learned First Appellate Judge has also recorded that revenue records are in the name of Sharadamma to an extent of 3 Acres and 25 Guntas in Sy.No.60/1 as per the RTC. Thus, both courts below, on appreciation of facts, have recorded a finding that the property in question was purchased by Shri Thimmaiah and his wife has sold it in favour of the respondent and accordingly, granted order of temporary injunction. Hence, no exception can be taken to the impugned orders. Resultantly, this writ petition fails and it is accordingly dismissed .

No costs.

Sd/-

JUDGE

Sri. Hanumaiah @ Hanumanthappa v. M/S Harina Developers Pvt. Ltd.

Case brief

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Sri. Hanumaiah @ Hanumanthappa v. M/S Harina Developers Pvt. Ltd.

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