Petitioners challenged trial court and appellate orders granting temporary injunction restraining alienation of suit schedule property in a partition-related suit. The High Court declined to modify the impugned orders and directed expeditious disposal of the suit within six months.
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 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1164 OF 2024 (GM-CPC)
BETWEEN:
BOTH ARE R/AT BYRAPURA VILLAGE, ARAKERE POST,YELAHANKA TALUK, BENGALURU-561 208.
…PETITIONERS
(BY SRI. MURTHY K.,ADVOCATE)
AND:
Digitally signed by VANDANA S Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.SHIVA PRASAD.E.,ADVOCATE)
NC: 2024:KHC:1995 WP No. 1164 of 2024
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS AND SET ASIDE THE ORDER AT ANNEXURE-A DTD 23.11.2023 IN M.A.NO.95/2023 PASSED BY THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE BANGALORE RURAL DISTRICT AT BANGALORE, CONFIRMING ANNEXURE-B ORDER DTD 5.6.2023 IN O.S.NO.88/2022 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT ON I.A.NO.2 UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF CPC BY ALLOWING THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioners challenge the impugned order dated 05.06.2023 passed in O.S.No.88/2022 passed by the Principal Senior Civil Judge, Bangalore Rural District, Bangalore, whereby the application I.A.Nos.1 and 2 filed by the respondent No.1 – plaintiff for Temporary Injunction restraining the petitioners from alienating the suit schedule property and from changing and altering its nature and character was allowed by the Trial Court and confirmed by the First Appellate Court in M.A.No.95/2023 dated 23.11.2023.
NC: 2024:KHC:1995 WP No. 1164 of 2024
open and no opinion is expressed on the same.
SD/JUDGE
DHA
List No.: 1 Sl No.: 33
1 issue framed by the court
Whether the interim injunction restraining the defendants from alienating or altering the suit schedule property should be interfered with under Article 227.
2 provisions across 2 enactments
Sri Ramaiah @ Ramanna @ Thigalara Ramanna
Sri Kumar R.
Sri Lakshman
Smt. Lakshmamma W/o Muchhe Gowda
Smt. Sakamma W/o Munirajappa
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
