Allowed

Smt. Renuka Pandurang Revankar v. Shri Gourishankar Temple

Karnataka HC9 Dec 2022WP/105125/2021

Case brief

AI extract

What is this about?

In this writ petition filed under Articles 226 and 227 of the Constitution, the petitioner challenged an order of detention in civil prison for disobeying an injunction. The High Court set aside the detention order, accepting the petitioner's undertaking not to violate the injunction again.

What did the court decide?

The order directing detention in civil prison was set aside. The petitioner was directed to file an undertaking within two weeks stating the disposal of the suit.

Smt. Renuka Pandurang Revankar Vs Shri… — Civil Procedure and Limitation | Karnataka HC (2022)

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WP No. 105125 of 2021

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 105125 OF 2021 (GM-CPC)

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BETWEEN:

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SMT. RENUKA PANDURANG REVANKAR AGE 69 YEARS, OCC. HOUSEHOLD, R/O GOURISHANKAR ROAD, HABBUWADA, KARWAR-581301.

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(BY SRI. R H ANGADI, ADV.)

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AND:

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SHRI GOURISHANKAR TEMPLE R/BY ITS VAHIVATIDAR SHRI. SUBODH S/O GANAPATI HABBU AGE 59 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR.

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SHRI. SHANKAR S/O HEMU GUNAGI AGE 47 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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DIGAMBAR S/O THAKU GUNAGI AGE 65 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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…PETITIONER

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WP No. 105125 of 2021

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RAMESH S/O THAKU GUNAGI AGE 74 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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ASHOK S/O THAKU GUNAGI AGE 57 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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SHRI. JAYWANT S/O YASHWANT GUNAGI AGE 61 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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MAHABALESHWAR S/O YASHWANT GUNAGI AGE 71 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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SHRI. UMAKANT S/O YASHWANT GUNAGI AGE 66 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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SHRI. DATTA S/O YASHWANT GUNAGI AGE 51 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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SHRI DHANANJAY S/O MAHABALESHWAR KADAM AGE 59 YEARS, OCC. AGRICULTURE, R/O. NEAR GOURISHANKAR TEMPLE, HABBUWADA, KARWAR-581301.

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…RESPONDENTS

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(BY SRI.VISHWANATH HEGDE, ADV. FOR R1 TO R10; SRI.V.S.TODURKAR & SRI.S.R.GUNAGI, ADVS. FOR C/R1 TO R10)

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WP No. 105125 of 2021

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER IN THE NATURE WRIT OF CERTIORARI OR QUASH THE IMPUGNED ORDER ON I.A.NO.1 FILED UNDER ORDER 41 RULE 5 IN M.A.NO.15/2021 DATED 10.12.2021 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, KARWAR VIDE ANNEXURE-H AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER UNDER ORDER 41 RULE 5 OF CPC VIDE ANNEXURE-F.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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An injunction was granted by the Trial Court restraining the petitioner from obstructing the use of pathway. This order was not challenged by the petitioner and it has thus attained finality and is binding on the petitioner.

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Complaining that this order of injunction was violated, the respondents initiated proceedings for disobedience of the order of injunction by filing an application under Order XXXIX Rule 1 & 2 of CPC. The said application was registered as a Miscellaneous Petition and

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WP No. 105125 of 2021

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in this Miscellaneous Petition, the petitioner was placed exparte.

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The Trial Court thereafter proceeded to record

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the finding that the petitioner was guilty of disobedience and directed the detention of the petitioner in Civil prison for a period of 15 days.

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The petitioner is therefore before this Court and

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in this Court, the petitioner has filed an affidavit of undertaking dated 18.12.2021 on 20.12.2021 stating that she had neither violated the interim order nor had she disobeyed the order of injunction.

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Learned counsel for the respondents submits that despite this undertaking, the petitioner disturbed the use of pathway by parking vehicles in the pathway and also allowing the vehicles to be parked.

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Learned counsel for the petitioner submits that a further affidavit of undertaking would be filed stating

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WP No. 105125 of 2021

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that the petitioner would not park the vehicles in the pathway nor would she allow any of her family members to park vehicles in the pathway.

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In view of this undertaking, the order passed by the Trial Court would have to be set aside and it is accordingly set aside.

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The petitioner shall abide by the terms of undertaking dated 18.12.2021 and also an affidavit of undertaking that she is required to file pursuant to this order stating disposal of the suit. The affidavit of undertaking, as ordered today, shall be filed within a period of two weeks.

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Writ petition is disposed of.

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SD JUDGE

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KGK List No.: 1 Sl No.: 38

Smt. Renuka Pandurang Revankar v. Shri Gourishankar Temple

Case brief

What is this about?

What did the court decide?

Smt. Renuka Pandurang Revankar v. Shri Gourishankar Temple

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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