Plaintiffs in a property suit challenged the appellate court's setting aside of their temporary injunction. The High Court, noting disputed questions fit for trial, directed both parties to maintain status quo regarding the suit schedule property until 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.
NC: 2024:KHC:1617 WP No. 168 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 168 OF 2024 (GM-CPC)
BETWEEN:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
ALL ARE R/O BOMMENAHALLI THANDA, MAYAKONDA HOBLI, DAVANAGERE TALUK 577 001.
…PETITIONERS
(BY SRI. R SHASHIDHARA.,ADVOCATE)
NC: 2024:KHC:1617 WP No. 168 of 2024
AND:
RESPONDENTS NO. 2 AND 3 ARE R/O BOMMENAHALLI THANDA, MAYAKONDA HOBLI, DAVANAGERE TALUK 577 001.
…RESPONDENTS
(BY SRI.C. GOPALAKRISHNA MURTHY.,ADVOCATE FOR C/R-1 VIDE ORDER DATED: 03.01.2024, NOTICE TO R-2 & R-3 IS D/W)
THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE M.S. NO. 20/2022 DATED 29/11/2023 VIDE ANNEXURE-J TO THIS WP.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is directed against the impugned order dated 29.11.2023 passed in M.A.No.20/2022 arising out of O.S.No.220/2022 whereby the said appeal filed by the respondents against the order dated 30.07.2022 passed on I.A.No.1 granting Temporary Injunction in favour of the petitioners was allowed by the First Appellate Court, which set aside the said order of Temporary Injunction.
NC: 2024:KHC:1617 WP No. 168 of 2024
contentions, I deem it just and appropriate to dispose of this petition by modifying the order of the Trial Court and the First Appellate Court and by directing both parties to maintain status-quo in all respects, as on today, in relation to suit schedule property, till disposal of the suit by the Trial Court within a period of six months from the date of receipt of a copy of this order.
Sd/JUDGE
DHA List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the First Appellate Court rightly set aside the temporary injunction granted in favour of the plaintiffs in O.S.No.220/2022?
1 provisions across 1 enactments
Ravi Naik
Raja Naik
Kamil Bai
Suresh Naik
Ananda Naik
B G Chandrashekharappa
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
