Disposed

Shakunappa v. Aee, Kptcl (Ni)

Karnataka HC10 Jan 2024WP/29268/2023

Case brief

AI extract

What is this about?

Petition under Article 227 against setting aside of a temporary injunction in a suit concerning suit property and an electrical tower. The High Court, without expressing opinion on merits, directed both parties to maintain status quo until disposal of the suit within six months.

What did the court decide?

Both parties directed to maintain status quo in relation to suit schedule property including electrical tower till disposal of the suit within six months.

Shakunappa Vs Aee, Kptcl (Ni) — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:1616 WP No. 29268 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 29268 OF 2023 (GM-CPC)

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BETWEEN:

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SHAKUNAPPA S/O LATE SANNRANGAIAH AGED ABOUT 55 YEARS AGRICULTURIST

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OBALMMA W/O SHKUNAPPA AGED ABOUT 50 YEARS AGRICULTURIST BOTH ARE R/T RANGANATHA NAGARA SIRA TOWN , 572137, SIRA TALUK TUMKURU DISTRICT.

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…PETITIONERS

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(BY SRI. RAVI SHANKAR.,ADVOCATE)

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AND:

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Digitally signed by VANDANA S Location: High Court of Karnataka

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AEE, KPTCL (NI) 66KV, BRANCH -1 TUMAKURU 572 101.

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AE, KPTCL, SIRA BRANCH SIRA 572137 TUMAKURU DISTRICT.

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…RESPONDENTS

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(BY SRI. H.V. DEVARAJU .,ADVOCATE)

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THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE IMPUGNED ORDER DTD 20.12.2023 AT ANNEXURE-A PASSED BY THE TRIAL COURT I.E., SENIOR CIVIL JUDGE AND JMFC SIRA IN M.A.13/2023.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:1616 WP No. 29268 of 2023

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ORDER

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This petition is directed against the impugned order dated 20.12.2023 passed in M.A.No.13/2023 arising out of O.S.No.167/2023 whereby the said appeal filed by the respondents – KPTCL against the order dated 08.06.2023 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.

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A perusal of the material on record will indicate that the application I.A.No.1 filed by the petitioner / plaintiff in O.S.No.167/2023 having been allowed by the Trial Court vide order dated 08.06.2023, the same came to be set aside by the First Appellate Court in M.A.No.13/2023 filed by the respondents, aggrieved by which the petitioner / plaintiff is before this Court by way of the present petition.

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A perusal of the material on record including impugned orders will indicate that there are several contentious issues and disputed questions of law and facts that arise for consideration between the parties which would necessarily have to be decided only after a full-fledged trial. Under these circumstances, without expressing any opinion on the merits / demerits of the rival

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NC: 2024:KHC:1616 WP No. 29268 of 2023

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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 including electrical tower 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.

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All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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SD/JUDGE

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DHA List No.: 1 Sl No.: 35

Shakunappa v. Aee, Kptcl (Ni)

Case brief

What is this about?

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Shakunappa v. Aee, Kptcl (Ni)

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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