The Karnataka High Court dismissed a writ petition seeking an injunction against an association using school property. The Court held that the dispute regarding ownership and possession falls within civil court jurisdiction.
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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.
NC: 2023:KHC:46939 WP No. 22854 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22854 OF 2023 (GM-RES)
BETWEEN:
SMT. UMADEVI, W/O LATE M.C. NARAYANAGOWDA, AGED ABOUT 65 YEARS, R/AT NO. 152, M.G. ROAD, TIPTUR - 572 201, TUMKUR DISTRICT.
…PETITIONER
(BY SRI. H.R. VISHWANATH, ADVOCATE)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
JOINT REGISTRAR OF CO-OP. SOCIETIES ACT, OPP. SREE KALLESWARA SWAMY TEMPLE, B.H. ROAD, TIPTUR - 572 201, TUMKUR DISTRICT, REP. BY PRESIDENT G.N. VISWANATHA.
…RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO STOP ALL ACTIVITIES OF THE R-3 PADMA ASSOCIATION IN THE PLACE OF SCHOOL BUILDING WHICH IS MEANT FOR ONLY NURSERY SCHOOL SITUATED SITE BEARING MUNICIPAL ASSESSMENT NO. 497, KHANESUMARI NO. 518 MEASURING EAST TO WEST 60 FEET NORTH TO SOUTH 95 FEET SITUATED AT B.H ROAD, TIPTUR BOUNDARIES EAST BY TIPTUR GRAMADEVATHE THERUMANE AND VACANT SITE, WEST BY MUNICIPAL ROAD, NORTH BY B.H.ROAD AND SOUTH BY MUNICIPAL GALLI.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri H. R. Vishwanath learned counsel
appearing for the petitioner, Smt. Rashmi Patel, learned High Court Government Pleader appearing for respondent Nos.1 and 4.
petitioner claiming her ownership over the property and respondent No.3 apparently interfering in her possession and enjoyment of the same. This does not entitle the petitioner to invoke extraordinary jurisdiction of this Court under Article 226 of the Constitution.
disposed off.
Sd/JUDGE
PHM List No.: 1 Sl No.: 17
2 issues framed by the court
Whether a dispute between a petitioner claiming ownership and a respondent allegedly interfering with possession is maintainable under Article 226.
Whether the petitioner can invoke extraordinary jurisdiction when civil proceedings regarding the same subject matter are already pending.
2 provisions across 1 enactments
Smt. Umadevi
State of Karnataka
The Municipal Commissioner, Tiptur
Padma Association (R)
The Circle Inspector of Police, Tiptur
M.G.S. Kamal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
