The petitioner challenged an appellate order setting aside a temporary injunction regarding alleged land encroachment. The High Court dismissed the writ petition, holding the petitioner failed to identify his property boundaries prima facie.
Writ petition dismissed; records sent back to trial court.
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:18722 WP No. 3891 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 3891 OF 2024 (GM-CPC)
BETWEEN:
SRI. GANGAHANUMAIAH M, S/O MUTHAIAH, AGED ABOUT 53 YEARS, RESIDENT OF MARALAKUNTE VILLAGE, MARALAKUNTE POST, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, PIN CODE - 562 111.
…PETITIONER
(BY SRI. KABBUR SIDDESHWAR.,ADVOCATE)
AND:
SRI. D. SHANKARAPPA, Digitally signed by V S/O C. K. DODDAIAH, MANJUSHA BAI AGED ABOUT 54 YEARS, Location: RESIDENT OF NO.152, High Court of CHOLANAYAKANAHALLI VILLAGE, Karnataka T. G. HALLI POST, BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT, PIN CODE - 562 130.
…RESPONDENT
(BY SRI.T.SHESHAGIRI RAO., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
NC: 2024:KHC:18722 WP No. 3891 of 2024
FOR RECORDS IN MA NO.25/2023 BEFORE THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE, AT NELAMANGALA AND ALSO RECORDS IN O.S. NO. 54/2023 PENDING ON THE FILE OF HON'BLE PRINCIPAL CIVIL JUDGE AND JMFC, NELAMANGALA AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Principal Civil Judge and JMFC, Nelamangala. Upon an I.A. filed under Order 39 Rule 1 and 2 of the CPC, the trial Court passed an order of temporary injunction against the respondent herein, restraining him from interfering with the peaceful possession of the suit schedule property by the plaintiff. Aggrieved by the same, the respondent herein preferred M.A.No.25/2023 before the Senior Civil Judge, Nelamangala. The First Appellate Court on the ground that the property of the petitioner herein cannot be identified, whereas the property of the respondent can be identified and that the respondent is carrying on the quarrying activities only upon the property leased to him, reversed the decision of the trial Court and by allowing M.A.No.25/2023 has set aside the order passed by the trial Court on the I.A. Aggrieved by the same, the present writ petition is filed.
Chikkanahalli Village has been granted in favour of the father of the petitioner herein. However, he does not specify the boundaries of the property. Admittedly, Survey No.14 consists of 37 Acres 9 Guntas of land, which is much more than 1 Acre and it was originally a Sarkari Gomal land.
NC: 2024:KHC:18722 WP No. 3891 of 2024
encroach upon the same. In the instant case, the documents produced by the petitioner are not sufficient to conclude as to where the property of the petitioner is actually located. On the contrary, there is a report submitted by the Assistant Director of Land Records, which clearly specifies that the respondent is carrying out quarrying activities on the land granted to him and that the property of the petitioner is not encroached upon.
such an event has happened or not. Admittedly, the petitioner has prima facie failed to produce any documents by which the property of the petitioner can be identified.
NC: 2024:KHC:18722 WP No. 3891 of 2024
The Registry is directed to send back the trial Court
records.
Sd/JUDGE
CH List No.: 1 Sl No.: 9
2 issues framed by the court
Whether the petitioner prima facie established ownership of the suit property to justify the temporary injunction.
Whether the First Appellate Court erred in setting aside the temporary injunction due to lack of property identification.
2 provisions across 2 enactments
Sri. Gangahanumaiah M
Sri. D. Shankarappa
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
