Sri Kumar R v. Sri Karukaihara Krishnan Panikar
Civil – Temporary injunction – Modification
Case brief
What is this about?
High Court of Karnataka (Bengaluru), MFA No.1245 of 2025 (CPC), decided 03.11.2025 by Hanchate Sanjeevkumar J (NC: 2025:KHC:44012). Appeal by defendant Nos.1 and 2 in O.S.No.278/2024 (Principal Senior Civil Judge, Bengaluru Rural District) against order dated 04.02.2025 allowing temporary injunction under Order XXXIX Rules 1 and 2 r/w Section 151 CPC. Rival title claims — plaintiff under registered sale deed dated 31.01.1995 from Bandiamma; defendants through children of Vallappa/Bandiamma and DC conversion order dated 31.03.2023, challenged before the Karnataka Appellate Tribunal; layout plan unapproved; Sy.No.17 absent from plaintiff's deed schedule. Injunction modified to mutual status quo of physical possession as on date of order; trial to be expedited and suit disposed within one year.
What did the court decide?
Appeal disposed of by modifying the Trial Court's temporary injunction order: both plaintiff and defendants directed to maintain status quo regarding physical possession as on the date of the order without changing the nature of the suit schedule site; Trial Court to expedite the trial and dispose of the suit within one year, with liberty to impose heavy costs for unnecessary adjournments.