Defendant in a perpetual injunction suit sought framing of an additional issue on whether the suit property was lawfully granted to the plaintiff's father. The High Court upheld rejection of the application, holding that since the plaintiff's claim rested on title and lawful possession, no additional issue arose from the defence denial.
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 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 34027 OF 2024 (GM-CPC)
BETWEEN:
SRI. SUNIL KUMAR S/O SIDDAPPA GOWDA AGED ABOUT 51 YARS R/O KORALAKOPPA, MUTHINKOPPA, POST N.R. PURA TALUK, CHICKMAGALURU DIST.
…PETITIONER
(BY SRI. SAMEER SHARMA, ADVOCATE)
AND:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
SMT. SAVITHA W/O VIJAYKUMAR AGED ABOUT 41 YEARS, R/O BOMBUSARA, BHAVIKERE POST TARIKERE TOWN, TARIKERE TALUK, CHICKMAGALURU DIST.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN RELATION TO PROCEEDINGS BEARING O.S.NO.34 OF 2022 PENDING ON THE FILE OF THE COURT OF THE HONBLE CIVIL JUDGE AND JMFC, NARASIMHARAJAPURA CHIKKAMAGALUR AND SET ASIDE THE IMPUGNED ORDER DATED 22.10.2024 RENDERED BY THE COURT OF THE HONBLE CIVIL JUDGE AND JMFC, NARASIMHARAJAPURA, CHIKKAMAGALUR IN O.S.NO. 34 OF 2022 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE INTERLOCUTORY APPLICATION NO.8
NC: 2024:KHC:52053 WP No. 34027 of 2024
FILED BY THE PETITIONER HEREIN DATED 20.08.2024 SEEKING FRAMING OF AN ADDITIONAL ISSUE (ANNEXURE-B) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The defendant in O.S.No.34/2022 pending trial before the
Civil Judge and JMFC, Narasimharajapura, Chikkamagaluru (henceforth referred to as 'Trial Court') is before this Court challenging an order dated 22.10.2024 by which, an application (I.A.No.8) filed by him under Order XIV Rule 5 of the Code of Civil Procedure, 1908 (henceforth referred to as 'CPC') to frame additional issue was rejected.
were arrayed before the Trial Court. The petitioner herein was the defendant, while the respondent was the plaintiff before the Trial Court.
NC: 2024:KHC:52053 WP No. 34027 of 2024
regularized by Tahsildar, N.R. Pura Taluk, who issued a Saguvali Chit No.54/1977-78. She claimed that her father decided to distribute the suit property amongst his family members and accordingly, executed a partition deed dated 07.07.2021, which was duly registered. As a result of the partition, the suit property fell to the share of the plaintiff and that the plaintiff was in possession and enjoyment of the same eversince then. She alleged that the defendant was interfering with her possession and therefore, she filed a suit for perpetual injunction.
claim of the plaintiff that she was in possession of the suit property. He also denied that the suit property was granted to the father of the plaintiff.
case for trial. After the evidence was concluded and the case was set down for arguments, the defendant filed an application (I.A.No.8) under Order XIV Rule 5 of CPC to frame an additional issue as to whether the plaintiff proves that the suit schedule property was granted to her father in accordance with
law or whether plaintiff proves that she had got title over the property.
NC: 2024:KHC:52053 WP No. 34027 of 2024
consideration and the same is dismissed .
Sd/(R. NATARAJ) JUDGE
PMR
List No.: 1 Sl No.: 50
1 issue framed by the court
Whether the Trial Court erred in rejecting the defendant's application to frame an additional issue regarding lawful grant of the suit property to the plaintiff's father.
2 provisions across 2 enactments
Sri. Sunil Kumar S/o Siddappa Gowda
Smt. Savitha W/o Vijaykumar
R. Nataraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
