Writ petition under Article 226 challenging an order quashing a temporary injunction in a civil suit regarding property attachment and sale notice. Court directed status quo pending trial.
Parties directed to maintain status quo in the underlying civil suit with a directive for speedy disposal by the trial court.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 980 OF 2022 (GM-CPC)
BETWEEN:
SMT.RAMYA S, AGED 35 YEARS, W/O PRAKASH HEBBAR, R/AT SRI DURGA KRIPA, CHANDE, HERADI VILLAGE, BRAHMAVARA TALUK UDUPI DISTRICT – 576 210.
…PETITIONER
(BY SRI. SACHIN B S., ADVOCATE)
AND:
Digitally signed by SUCHITRA M J Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE FOR R1 AND R2; SRI.BOPANNA BELLIAPPA, AGA FOR R3)
NC: 2023:KHC:46420 WP No. 980 of 2022
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE IMPUGNED ORDER DATED 30.10.2021 IN M.A.NO.18/2021 (O.S.NO.434/2021) ON THE FILE OF 2ND ADDL.SENIOR CIVIL JUDGE AND JMFC UDUPI MARKED AS ANNEXURE – A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the matter is listed for orders, with the consent of both the parties, the same is taken for final disposal.
of attachment and sale notice issued by defendant No.3 in respect of auction sale of the schedule property is void, illegal and non-est. Learned counsel would further submit that the trial Court allowed I.A.No.2 filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short 'CPC') and restrained the defendants from conducting public auction or sale of the suit schedule property and the Appellate Court under judgment dated 30.10.2021 in M.A.No.18/2021 set aside the order passed by the trial Court granting temporary injunction. Learned counsel further submits that the trial Court failed to appreciate the primafacie case made out by the petitioner-plaintiff and the reasoning on which the trial Court granted injunction order. Learned counsel taking through the order of the Appellate Court would submit that the Appellate Court proceeded only on the ground that defendant Nos.1 and 2 being public institution dealing with public money and temporary injunction granted by the trial Court would be come in the way for recovering public money. Further, it is the contention of the petitioner-plaintiff that the petitioner has become
NC: 2023:KHC:46420 WP No. 980 of 2022
owner of the suit schedule property under settlement deed dated 01.06.2016.
submit that the settlement deed was executed on 01.06.2016, whereas the recovery proceedings is initiated on 23.06.2017 and award was passed on 17.07.2017. Thus, he submits that allegation of defraud is wholly baseless. This Court while issuing notice to the respondents, by order dated 14.03.2022 directed both the parties to maintain status-quo.
NC: 2023:KHC:46420 WP No. 980 of 2022
the petitioner, is a matter for trial. Therefore, in that view of the matter, it would be appropriate for the parties to maintain status-quo as ordered by this Court on 14.03.2022. Hence, the following:
ORDER
Sd/JUDGE
SMJ List No.: 2 Sl No.: 3
3 issues framed by the court
Whether the suit schedule property is liable to be brought to sale for recovery of loan obtained by the husband of the petitioner.
Whether the petitioner had become the owner of the property under a settlement deed.
Whether the property is legally acquired property of the petitioner.
2 provisions across 2 enactments
Smt. Ramya S
Mangalore Teachers Co-Operative Credit Society Ltd. (Mangaluru Branch)
Mangalore Teachers Co-Operative Credit Society Ltd. (Brahmavara Branch)
The Assistant Registrar of Co-operative Societies and Sale Officer, Kundapura
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
