Writ petition against orders granting interim injunction in a perpetual injunction suit. Both trial and first appellate courts had concurrently exercised discretion in plaintiff's favour; landlord was later impleaded. The High Court declined to interfere under Article 227 and dismissed the petition.
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NC: 2024:KHC-D:14914 WP No. 109894 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 14TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO.109894 OF 2019 (GM-CPC)
BETWEEN:
MR. KASIM M. MIRZA, AGE: 45 YEARS, OCC: BUSINESS, R/O: 2386, AZAD GALLI, BELAGAVI.
…PETITIONER
(BY SRI SHARAD M. PATIL, ADVOCATE)
AND:
SHRI SAIFULLAH S/O. MOHAMMED JAFFAR GOUNDI, AGE: 45 YEARS, OCC: BUSINESS, R/O: PLOT NO.93 (R.S.NO.999) 3RD CROSS, NEW VEERBHADRA NAGAR, BELAGAVI,
…RESPONDENT
(BY SRI GIRISH A. YADWAD, ADVOCATE)
Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER ON I.A.NO.1 DATED 24.01.2018 VIDE ANNEXURE-D PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE & JMFC, BELAGAVI IN O.S.NO.1119/2015 AND ORDER PASSED IN M.A.NO.8/2018 DATED 05.04.2019 VIDE ANNEXURE-E PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE CJM, BELAGAVI AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC-D:14914 WP No. 109894 of 2019
CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)
The present writ petition is filed challenging the order dated 24.01.2018 passed on I.A No.1 filed under Order XXXIX Rule 1 and 2 r/w Section 151 of the Code of Civil Procedure, 19081 in O.S No.1119/2015 by the I Additional Civil Judge & JMFC Court2 and order dated 05.04.2019 passed in M.A No.8/2018 by the III Additional Senior Civil Judge & CJM, Belagavi3 .
petition is that the respondent filed a suit in O.S No.1119/2015 for a perpetual injunction to restrain the defendant from interfering with his peaceful possession and enjoyment of the suit property as also for a mandatory injunction to direct the petitioner/defendant to remove the name board fixed on the wall of the suit property. In the said suit the respondent/plaintiff filed an application in I.A No.1
2 Hereinafter referred to as the ‘Trial Court’
for interim injunction. The Trial Court, by its order dated 24.01.2018, allowed the said application and restrained the defendant from interfering with the plaintiff’s peaceful possession and enjoyment of the suit property. Being aggrieved, the appellant/defendant preferred M.A No. 8/2018. The First Appellate Court by its order dated 05.04.2019 dismissed the said appeal with costs and confirmed the order dated 24.01.2018 passed by the Trial Court. Being aggrieved, the present petition is filed.
NC: 2024:KHC-D:14914 WP No. 109894 of 2019
been considered and the writ petition papers have been perused.
the injunction as sought for. The First Appellate Court upon a re-appreciation of the material on record has also confirmed the findings recorded by the Trial Court and dismissed the appeal filed by the defendant.
Sd/(C.M. POONACHA) JUDGE
PMP CT-ASC List No.: 1 Sl No.: 52
1 issue framed by the court
Should Article 227 jurisdiction be exercised to interfere with concurrent discretionary orders granting interim injunction in favour of the plaintiff?
2 provisions across 2 enactments
Kasim M. Mirza
Saifullah S/o. Mohammed Jaffar Goundi
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
