Plaintiff in a partition suit challenged dismissal of his interim injunction application by the trial court and appellate court. The High Court declined to grant injunction at the trial stage and directed expeditious disposal within a year.
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:29778 WP No. 6374 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6374 OF 2020 (GM-CPC)
BETWEEN:
Digitally signed by MEGHA MOHAN
Location: HIGH COURT OF KARNATAKA
SINCE THE L.RS NO. 1(B) AND 1(C) ARE MINORS AND REPRESENTED BY THEIR NATURAL GUARDIAN, MOTHER, NALINA.N, I.E., THE L.R NO. 1 (A).
ALL L.RS. NO.1)(A), 1)(B) AND 1)(C) ARE RESIDING AT THIMMASANDRA VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK BENGALURU-562 157
NC: 2024:KHC:29778 WP No. 6374 of 2020
BANGALORE NORTH TALUK, BENGALURU 562 157
…PETITIONERS
(BY SRI. VIJAY SHETTY B., ADVOCATE)
AND:
ALL ARE R/AT THIMMASANDRA VILLAGE JALA HOBLI, BANGALORE NORTH TALUK BENGALURU 562 157
NC: 2024:KHC:29778 WP No. 6374 of 2020
R.T. NAGAR, BENGALURU 560 032
…RESPONDENTS
(BY SRI. CHANDRASHEKAR PATIL, ADVOCATE FOR R7; R1 TO R6 ARE SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE HONBLE V ADDITIONAL DISTRICT AND SESSIONS JUDGE BENGALURU RUAL DISTRICT AT DEVANAHALLI IN M.A.NO.15011/2019 DATED. 3.2.2020 VIDE ANNEXURE-A IN CONFIRMING THE ORDER OF DISMISSAL PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI ON I.A.NO.1 FILED BY THE PETITIONERS HEREIN UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC IN O.S.NO.410/2018 AND ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed aggrieved by the order passed in I.A.No.1 dated 28.06.2019 in O.S.No.410/2018, which is confirmed by the appellate court in M.A.No.15011/2019 dated 03.02.2023, the petitioner / plaintiff is before this court, by The Honble V Additional District And Sessions Judge Bengaluru Rual District at Devanahalli.
of the plaintiff that late Nanjappa had acquired the suit schedule property by way of a registered gift deed dated 21.06.1969 and the revenue records stand in his name. Plaintiff and the defendants being the members of the joint family are being in possession of the property. The said Nanjappa died on 12.01.2012 leaving the plaintiff and the defendants to succeed to the property. The defendants colluded with each other and created a sale deed in favour of defendant No.7 by way of registered sale deed dated 17.05.2007. Along with the suit, plaintiff had filed I.A. seeking interim injunction.
and they have not made out a prima facie case and there is no balance of convenience in favour of the plaintiff and accordingly, dismissed the I.A. seeking interim injunction. Aggrieved thereby, plaintiff has filed M.A.No.15011/2019 and the appellate court has also confirmed the order of the trial court. Aggrieved thereby, the plaintiff is before this court.
the written statement is not filed by them. If the property is alienated, it would cause irreparable loss and hardship to the plaintiff.
possession and enjoyment of the property and when the mutation is also standing in the name of the defendant, they have not questioned the same till 2018. It cannot be said that the same is not in their knowledge. It is submitted that the suit is of the year 2018 and till 2024, there is no interim order. The plaintiff has filed his evidence affidavit and now the trial has commenced. All through plaintiff is not having injunction, in his favour if the injunction is granted at this point of time, it would cause irreparable loss and hardship to the defendant.
NC: 2024:KHC:29778 WP No. 6374 of 2020
Accordingly, the writ petition is disposed off.
All IA’s in this writ petition shall stand closed.
Sd/(LALITHA KANNEGANTI) JUDGE
SS, List No.: 1 Sl No.: 13
1 issue framed by the court
Whether interim injunction should be granted to the plaintiff in a partition suit against a purchaser in possession since 2007.
3 provisions across 2 enactments
Sri. Ambarish T N. (by his LRs: Nalina N, Shreya T A, Apoorva T A)
Sri. Ajay T.N.
Smt. Susheelamma
Sri. Nagesha
Smt. Nagaveni
Arpitha T N
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
