Plaintiff in a permanent injunction suit challenged rejection of her temporary injunction application. Both courts below found she failed to prima facie establish possession, as plaintiff and defendant asserted rights over properties described differently. The High Court found no reason to interfere and dismissed the writ petition.
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 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 1661 OF 2021 (GM-CPC)
BETWEEN:
W/O. LATE SHETTI GOWDA, AGED ABOUT 63 YEARS, R/AT KALLANAKATTE VILLAGE, KASABA HOBLI, TURUVEKERE TALUK, TUMAKURU DISTRICT - 572 227
…PETITIONER
(BY SRI. S N BHAT.,ADVOCATE)
Digitally signed by PAVITHRA N Location: high court of karnataka
AND:
…RESPONDENT
(BY SRI. B G VIJAYAKUMARA SWAMY.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC TURUVEKERE IN M.A.NO.02/2019 DATED 15.12.2020 VIDE ANNEXURE-G AND ALSO ORDERS PASSED BY THE LEARNED CIVIL JUDGE AND JMFC TURUVEKERE IN O.S.NO.277/2017 DATED 08.01.2019 VIDE ANNEXURE-E AND ALLOW THIS WRIT PETITION AND ETC.,
NC: 2024:KHC:4760 WP No. 1661 of 2021
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The plaintiff in OS No.277 of 2017 on the file of the learned Civil Judge and JMFC, Turuvekere, is seeking issuance of writ of certiorari to quash the judgment dated 15.12.2020 passed in MA No.02 of 2019 on the file of the learned Senior Civil Judge and JMFC, Turuvekere, confirming the order dated 08.01.2019 passed by the Trial Court, rejecting IA No.I filed under Order 39 Rule 1 and 2 of CPC and refusing to grant of temporary injunction in favour of the plaintiff.
the petitioner as plaintiff filed the suit OS No.277 of 2017 seeking grant of permanent injunction against the defendant, who is attempting to interfere with the peaceful possession and enjoyment of the plaintiff over the schedule property. The Trial Court initially granted ex-parte temporary injunction. But,
however, on considering IA No.I, passed the impugned order dated 08.01.2019 rejecting the said application. Being aggrieved by the same, petitioner has preferred an appeal in MA No.02 of 2019. The First Appellate Court considering the contention of the plaintiff, dismissed the appeal and confirmed the impugned order passed by the Trial Court. Being aggrieved by the same, the plaintiff is before this Court.
plaint and written statement are two different properties. Under such circumstances, the Courts have committed an error in rejecting the applications for grant of temporary injunction. Accordingly, he prays for allowing the petition.
NC: 2024:KHC:4760 WP No. 1661 of 2021
NC: 2024:KHC:4760 WP No. 1661 of 2021
appreciation of the materials on record passed the impugned order. I do not find any reason to interfere with the same.
Hence, the writ petition is dismissed.
Sd/JUDGE
SPV List No.: 1 Sl No.: 2
2 issues framed by the court
Whether the plaintiff made out a prima facie case for temporary injunction over Sy.No.70/P5 of Maadihalli Village.
Whether the Trial Court and First Appellate Court erred in rejecting IA No.I under Order 39 Rules 1 and 2 CPC.
2 provisions across 2 enactments
Parvathamma
Nandish. K. S.
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
