Writ petition against an appellate reversal of a temporary injunction in final decree proceedings following a partition preliminary decree. Court permitted the petitioner to complete existing construction on item No.7 subject to an undertaking not to claim equities and to demolish if the land is allotted elsewhere; FDP to conclude by 26.04.2024.
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: 2024:KHC:939 WP No. 16197 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 16197 OF 2023 (GM-CPC)
BETWEEN:
SRI.B.V. DEVARAJU, S/O. LATE VENKATAREDDY, AGED ABOUT 45 YEARS, R/AT BANDAHALLI VILLAGE, NANDI HOBLI, CHICKBALLAPUR TALUK - 562 101.
…PETITIONER
(BY SRI. S. NAGARAJA, ADVOCATE)
AND:
SRI. VENKATAREDDY SINCE DEAD BY HIS LRS,
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:939 WP No. 16197 of 2023
THE RESPONDENTS NO.4 AND 5 ARE R/AT MYLAPPANAHALLI VILLAGE, KALAVARA POST, CHIKKABALLAPURA TALUK - 562 101.
M. MUNISWAMY NAIK SINCE DEAD BY LRS,
THE RESPONDENTS NO.6 AND 7 ARE R/AT MUDDENAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA - 562 101.
…RESPONDENTS (BY SRI. JAGADEESHA K.J., ADVOCATE FOR R1, R3 AND R4; VIDE ORDER DATED 16.08.2023, NOTICE TO R2, R5 TO R7 IS DISPENSED WITH)
NC: 2024:KHC:939 WP No. 16197 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.07.2023 PASSED BY THE III ADDL DISTRICT AND SESSIONS JUDGE AND JMFC AT CHICKBALLAPUR, IN MA.NO.02/2023 VIDE ANNEXURE-F AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated 04.07.2023 passed in MA No.2/2023 on the file of the III Additional District and Sessions Judge, Chikkaballapura [for short, ‘the first appellate Court’] whereby, said appeal preferred by respondent No.1 is allowed by the first appellate court which set aside the order dated 17.12.2022 allowing I.A. No.4 filed by the respondent No.1 under Order XXXIX Rule 1 and 2 CPC in FDP No.20/2021 dated 17.12.2022 on the file of the Principal Civil Judge and CJM, Chikkaballapura [for short, ‘the trial Court’].
NC: 2024:KHC:939 WP No. 16197 of 2023
NC: 2024:KHC:939 WP No. 16197 of 2023
the petitioner, the trial Court proceeded to pass the order dated 17.12.2022 rejecting I.A. No.4, aggrieved by which, the respondent No.1 preferred an appeal in M.A.No.2/2023 which came to be allowed by the first appellate Court vide the impugned order dated 04.07.2023 which is assailed in the present petition.
NC: 2024:KHC:939 WP No. 16197 of 2023
voluntarily demolish the said structure/building and handover the vacant possession of the same to respondent No.1 or any of other respondents or to whomsoever the said portion is allotted without claiming any equities in this regard. It is also submitted that merely because petitioner is permitted to put up construction as indicated in the photograph, the petitioner would not insist that very same building/structure shall be allotted in his favour.
NC: 2024:KHC:939 WP No. 16197 of 2023
in FDP No.20/2021 as well as the impugned order 04.07.2023 passed in M.A. No.2/2023 by permitting the petitioner to complete the construction of the structure/building as indicated in the photograph in relation to the portion of item No.7 of the suit schedule properties subject to the consideration that the petitioner shall not claim any equities in this regard in terms of the undertaking given by the petitioner referred to supra.
undertaking given on behalf of the petitioner, petition stands disposed off.
Sd/JUDGE
AN/-
1 issue framed by the court
Whether the petitioner-defendant may be permitted to complete construction on a portion of suit item No.7 during final decree proceedings without claiming equities.
2 provisions across 2 enactments
Sri B.V. Devaraju
Sri B.V. Narayana Reddy
Smt. Jayamma
Smt. Sunandamma
Smt. Lakshmamma @ Subbalakshmamma
Smt. Anandamma
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
