The High Court of Karnataka, without hearing the absent respondent, continued an interim order directing maintenance of status quo regarding property possession in an underlying suit pending disposal.
Interim order directing parties to maintain status quo regarding possession of suit schedule property till disposal of the underlying suit.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 11081 OF 2020 (GM-CPC)
BETWEEN:
Digitally signed by A K CHANDRIKA Location: HIGH COURT OF KARNATAKA
(BY SRI. MANMOHAN P. N., ADV.)
AND:
…PETITIONERS
SRI B K HUCHAIAH AGED ABOUT 68 YEARS S/O KENCHAIAH R/AT BANAVARA VILLAGE AMBLE HOBLI K.R PETE POST CHIKKAMAGALURU TALUK AND DISTRICT-577101.
…RESPONDENT
(RESPONDENT SERVED & UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE ORDER DATED 17.07.2020 PASSED ON IA NO.1 IN O.S.NO.212/2020 PASSED BY PRL.CIVIL JUDGE AND JMFC COURT, CHIKKAMAGALURU (PRODUCED AS ANNEXURE-G) IN SO FAR AS DECLINING TO GRANT EXPARTE ORDER OF TEMPORARY INJUNCTION.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners/plaintiffs in O.S.No.212/2020 on the file of the Principal Civil Judge and JMFC., Chikkamagaluru (for short, ‘Trial Court’) are before this Court praying to set aside order dated 17.07.2020 on I.A.No.1 ordering notice on I.A.No.1 and suit summons to the defendant/respondent herein.
the defendant from interfering with plaintiffs’ peaceful possession and enjoyment of the plaint schedule property. Learned counsel would submit that along with the suit, I.A.No.1/2020 was filed under Order 39 Rule 1 and 2 of CPC praying for ad-interim temporary injunction against the defendant not to interfere with the possession and enjoyment of the plaintiffs over the suit schedule property. Learned counsel would submit that though the petitioners/plaintiffs made out prima facie case for grant of ad-interim order of injunction, the Trial Court without appreciating the same, ordered notice on I.A.No.1 and issued suit summons to the respondent/defendant. Learned counsel would submit that the petitioners/plaintiffs acquired title over the suit schedule property by grant order dated 29.12.1955. Learned counsel would submit that defendant is third party and he has no manner of right, title or interest over the suit schedule property.
08.10.2020 while issuing emergent notice to the
respondent, this Court directed the parties to maintain status quo. The said order is continued till this date. The respondent though served with notice has remained absent. Learned counsel for the petitioners/plaintiffs would submit that suit is at the stage of further evidence of petitioners/plaintiffs herein.
ORDER
The parties to the suit in O.S.No.212/2020
on the file of the Principal Civil Judge and JMFC., Chikkamagaluru are directed to maintain
status quo with regard to possession in respect
NC: 2023:KHC:31497 WP No. 11081 of 2020
of the suit schedule property, till disposal of the
suit.
With the above, writ petition stands disposed of.
SD/JUDGE
NC CT:bms List No.: 1 Sl No.: 40
1 issue framed by the court
Whether the interim order directing status quo in a property suit should be continued in the absence of the respondent.
Sri Bhadraiah
Sri Eraiah
Sri B K Huchaiah
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
