High Court of Karnataka dismissed this writ petition where petitioners assailed orders upholding the trial court's refusal to grant a temporary injunction in a property suit, holding no prima facie case for Article 227 interference.
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:34580 WP No. 8563 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8563 OF 2023 (GM-CPC)
BETWEEN:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
ALL ARE R/O THURCHAGHATTA VILLAGE, BELAVANNURU POST, DAVANAGERE TALUK DAVANAGERE DISTRICT
…PETITIONERS
(BY SMT. MOHANA KUMARI B.V., ADVOCATE FOR SRI. ABUBACKER SHAFI, ADVOCATE)
AND:
S/O MADHABUL SAB, AGED ABOUT 45 YEARS, OCC. AGRICULTURIST, (SUCCESSOR OF KHAJAMIYA SAB)
3. NOOVA SAB
S/O IBRAHIM SAB, AGED ABOUT 56 YEARS, OCC. AGRICULTURIST, (SUCCESSOR OF KHAJAMIYA SAB)
RESPONDENTS 1 TO 6 ARE R/O THURCHAGHATTA VILLAGE, BELAVANURU POST, DAVANAGERE TALUK, DAVANAGERE DISTRICT
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.11.2022 PASSED IN M.A. NO.7/2022 ON THE FILE OF II ADDITIONAL SENIOR CIVIL
NC: 2023:KHC:34580 WP No. 8563 of 2023
JUDGE AND JMFC AT DAVANAGERE VIDE ANNEXURE-F AND ALSO ORDER DATED 21.10.2021 PASSED ON IA NO.2 IN O.S. NO.158/2021 ON THE FILE OF PRINCIPAL CIVIL JUDGE AT DAVANAGERE VIDE ANNEXURE-E AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Dn.), Davanagere.
No.158/2021 on the file of the Trial Court seeking relief of declaration with consequential reliefs. Plaintiffs have filed application I.A. II under Order XXXIX Rules 1 and 2 read
with Section 151 of C.P.C. in the said suit, seeking
NC: 2023:KHC:34580 WP No. 8563 of 2023
temporary injunction. The defendants filed written statement and objections stating that the plaintiffs have already filed O.S. No.360/2003 on the file of Principal Civil Judge, Davanagere which came to be dismissed and being aggrieved by the same, plaintiffs filed R.A. No.93/2014 which also came to be dismissed Thereafter, plaintiffs have preferred second appeal before this Court in RSA No.2613/2007. The Trial Court, taking into consideration the objections filed by the defendants held that the plaintiffs have not made out a prima facie case for grant of temporary injunction and accordingly, dismissed the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC.
NC: 2023:KHC:34580 WP No. 8563 of 2023
having taken note of the finding recorded by the First Appellate Court, at paragraph Nos.20 and 21 of its Judgment, I am of the view that, the petitioners / plaintiffs have not made out a prima facie case for interference under Article 227 of the Constitution of India.
5. Accordingly Writ Petition is dismissed.
SD/JUDGE
sac List No.: 1 Sl No.: 18
2 issues framed by the court
Whether writ petitioners have made out a prima facie case for interference under Article 227 of the Constitution regarding dismissal of temporary injunction application.
Whether the Trial Court and First Appellate Court erred in dismissing the application filed under Order XXXIX Rules 1 and 2 of CPC read with Section 151 of CPC.
3 provisions across 2 enactments
M. A. RAHAMATHI ALI S/O AMASHA SAB
DADAPEER S/O AMASHA SAB
MATHEEN SAB S/O AMASHA SAB
NIZAM SAB S/O IBRAHIM SAB
KHAJA MIA
NOOVA SAB
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
