Disposed¶102

Sri. Chandramallegowda @ Rajanna v. Sri Raveesha C

Temporary injunction – Order XXXIX Rules 1 and 2 CPC

Karnataka HC10 Mar 2025MFA/7382/2024

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Case brief

AI extract

What is this about?

MFA CPC Karnataka 2025; temporary injunction refusal; Order 39 Rule 1 and 2 CPC; prima facie case absence; no pleading of title/possession; release deed 02.11.1950 not produced; RTC records possession with defendants; liberty to file fresh injunction application; O.S.No.129/2023 Kunigal; alienation restraint; Hanchate Sanjeevkumar J; MFA 7382/2024 c/w MFA 5746/2024.

What did the court decide?

Both MFAs disposed of; liberty reserved to the appellants-plaintiffs to prefer one more application as deemed fit, with a direction to the Trial Court to consider the same in accordance with law. ¶102

Sri. Chandramallegowda @ Rajanna Vs Sri Raveesha C — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both MFAs disposed of; liberty reserved to the appellants-plaintiffs to prefer one more application as deemed fit, with a direction to the Trial Court to consider the same in accordance with law.

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Issue for consideration

Whether the Trial Court rightly rejected IA Nos. II and III filed under Order XXXIX Rule 1 and 2 of CPC in O.S.No.129/2023, whereby the plaintiffs sought restraint against alienation of the suit schedule property. +1 more

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Court's answer

Despite affirming the rejection, liberty is reserved to the appellants-plaintiffs to prefer one more application as deemed fit, and the Trial Court is directed to consider the same in accordance with law.

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Ratio / Principle

There is no pleading in the plaint that the plaintiffs acquired right, title, interest and possession over the suit schedule property, and the registered release deed was not produced when IA Nos. II and III were considered; hence the plaintiffs did not make out a prima facie case.

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Key takeaways

As per RTC records the defendants, and not the plaintiffs, are in possession of the suit schedule property; accordingly the Trial Court is correct in dismissing IA Nos. II and III filed by the plaintiffs.ratio¶95

Detailed headnote1 paragraphs

Temporary injunction – Order XXXIX Rules 1 and 2 CPC – plaintiffs in O.S.No.129/2023 (Additional Senior Civil Judge and JMFC, Kunigal) appealed against rejection of IA Nos. II and III seeking restraint on alienation of, and interference with possession of, the suit schedule property. HELD: plaintiffs failed to make out a prima facie case — the plaint contained no plea that they had acquired right, title, interest and possession over the suit property, and the registered release deed of 02.11.1950 relied upon was not produced before the Trial Court; RTC records showed the defendants, not the plaintiffs, in possession. Rejection of the injunction applications affirmed. However, liberty reserved to the plaintiffs to prefer one more application as deemed fit, with a direction to the Trial Court to consider it in accordance with law. Both appeals disposed of (Hanchate Sanjeevkumar J).

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NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7382 OF 2024 (CPC)

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C/W MISCELLANEOUS FIRST APPEAL NO. 5746 OF 2024 (CPC)

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IN MFA No. 7382/2024

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BETWEEN:

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SRI. CHANDRAMALLEGOWDA @ RAJANNA, SON OF CHANNAMALLEGOWDA, AGED ABOUT 71 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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SRI. CHANDRASHEKAR C., SON OF CHANDRAMALLEGOWDA @ RAJANNA, AGED ABOUT 41 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. LINGESH C., SON OF CHANDRAMALLEGOWDA @ RAJANNA, AGED ABOUT 39 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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…APPELLANTS

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(BY SRI. PUNITH C., ADVOCATE)

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2 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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AND:

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SRI RAVEESHA C., SON OF LATE CHANNAMALLAIAH @ CHANNAMALLEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. MAHESHA C.L, SON OF LATE LINGAPPA @ LINGALAH, AGED ABOUT 51 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. SHASHIKUMARA C.L, SON OF LATE LINGAPPA @ LINGAIAH, AGED ABOUT 49 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. CHANDREGOWDA C.P, SON OF LATE PUTTAMALLAIAH, AGED ABOUT 58 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT. JAYAMMA, WIFE OF LATE SHIVARAMAIAH, AGED ABOUT 71 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. C.S.UMESHA, SON OF LATE SHIVARAMAIAH, AGED ABOUT 56 YEARS,

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3 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. C.S. NAGARAJU, SON OF LATE SHIVARAMAIAH, AGED ABOUT 49 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT. THIMMAMMA, WIFE OF LATE VAJARAIAH, AGED ABOUT 66 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. C.V.SOMASHEKAR SON OF LATE VAJARAIAH, AGED ABOUT 43 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT. GOWRAMMA, WIFE OF LATE NARAYANGOWDA, AGED ABOUT 61 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. RAVIKUMAR, SON OF LATE NARAYANAGOWDA, AGED ABOUT 39 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI.C.S. VIJAYALAKSHMI, DAUGHTER OF LATE SOORAGADA MALLEGOWDA, AGED ABOUT 57 YEARS,

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4 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. C.K.SIDDALINGEGOWDA SON OF LATE KARIGOWDA, AGED ABOUT 69 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT. LAKSHMAMMA, DAUGHTER OF LATE KARIGOWDA, AGED ABOUT 65 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT. GEETHA, WIFE OF LATE C.K.NINGEGOWDA, AGED ABOUT 59 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. MAHESHA, SON OF LATE C.K.NINGEGOWDA, AGED ABOUT 31 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. UMESHA, SON OF LATE C.K.NINGEGOWDA, AGED ABOUT 29 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT. NINGAMMA, DAUGHTER OF LATE KARIGOWDA, AGED ABOUT 57 YEARS,

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5 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. C.K.CHANNAMALLEGOWDA, SON OF LATE KARIGOWDA, AGED ABOUT 53 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI. MALLIKARJUNSWAMY, SON OF LATE KARIGOWDA, AGED ABOUT 49 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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…RESPONDENTS

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(BY SRI. SHIVARAMU H. C., ADV. FOR R1, R2 TO 20 NOTICE DISPENSED WITH.)

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THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.27.05.2024 PASSED ON IA NO.2 IN O.S.NO.129/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, REJECTING IA NO.2 FILED U/O.39 RULE 1 AND 2 OF CPC.

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IN MFA NO. 5746/2024

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BETWEEN:

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SRI. CHANDRAMALLEGOWDA @ RAJANNA S/O CHANNAMALLEGOWDA, AGED ABOUT 71 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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6 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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SRI CHANDRASHEKAR C., S/O CHANNAMALLEGOWDA @ RAJANNA AGED ABOUT 41 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI LINGESH C., S/O CHANDRAMALLEGOWDA @ RAJANNA AGED ABOUT 39 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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...APPELLANTS

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(BY SRI. PUNITH C., ADVOCATE)

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AND:

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SRI. RAVEESHA C., S/O CHANNAMALLAIAH @ CHANNAMALLEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI MAHESHA C L S/O LATE LINGAPPA @ LINGAIAH

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AGED ABOUT 51 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI SHASHIKUMARA C L S/O LATE LINGAPPA @ LINGAIAH AGED ABOUT 49 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI CHANDREGOWDA C P S/O LATE PUTTAMALLAIAH AGED ABOUT 58 YEARS

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7 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT JAYAMMA W/O LATE SHIVARAMAIAH AGED ABOUT 71 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI C S UMESHA S/O LATE SHIVARAMAIAH AGED ABOUT 56 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI C S NAGARAJU S/O LATE SHIVARAMAIAH AGED ABOUT 49 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT THIMMAMMA W/O LATE VAJARAIAH AGED ABOUT 66 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI C V SOMASHEKAR S/O LATE VAJARAIAH AGED ABOUT 43 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT GOWRAMMA W/O LATE NARAYANGOWDA AGED ABOUT 61 YEARS

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8 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI RAVIKUMAR S/O LATE NARAYANAGOWDA AGED ABOUT 39 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI C S VIJAYALAKSHMI D/O LATE SOORAGADA MALLEGOWDA AGED ABOUT 57 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI C K SIDDALINGEGOWDA S/O LATE KARIGOWDA AGED ABOUT 69 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT LAKSHMAMMA D/O LATE KARIGOWDA AGED ABOUT 65 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT GEETHA W/O LATE C K NINGEGOWDA AGED ABOUT 59 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI MAHESHA S/O LATE C K NINGEGOWDA AGED ABOUT 31 YEARS

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NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI UMESHA

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S/O LATE C K NINGEGOWDA AGED ABOUT 29 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SMT NINGAMMA D/O LATE KARIGOWDA AGED ABOUT 57 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI C K CHANNAMALLEGOWDA S/O LATE KARIGOWDA AGED ABOUT 53 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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SRI MALLIKARJUNSWAMY S/O LATE KARIGOWDA AGED ABOUT 49 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.

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...RESPONDENTS

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(BY SRI. SHIVARAMU H. C., ADV. FOR R1, R2 TO R20 - NOTICE DISPENSED WITH.)

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THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 28.06.2024 PASSED ON I.A.NO.3 IN OS.NO.129/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, REJECTING THE IA.NO. 3 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.

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10 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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The plaintiffs being aggrieved by the rejection of IA

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Nos. II and III filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure in O.S.No.129/2023 on the file of Senior Civil Judge, Kunigal, praying not to alienate the suit schedule property and not to interfere with the possession over the suit schedule property, have filed this present appeal.

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The plaintiffs are making assertions on the

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basis of registered release deed executed on 02.11.1950. Admittedly, there is no pleading in the plaint with regard to that the plaintiffs have acquired the right, title, interest and possession over the suit schedule property and also while considering the application in IA Nos. II and III for order of injunction filed before the Trial Court and the said document was not produced. Therefore, in this regard,

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11 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024

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the plaintiffs have not made out prima-facie case. Admittedly, as per RTC records, it is shown that the defendants are in possession of the suit schedule property but not the plaintiffs. Further, the Trial Court has observed in paragraph No.11 of the impugned order that how the plaintiffs have not made out prima-facie case to get an order of injunction. Therefore, the Trial Court is correct in dismissing the applications in IA Nos.II and III filed by the plaintiffs.

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However, it is submitted by the learned counsel

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for the appellants-plaintiffs that though the plaintiffs have committed error in not pleading regarding relinquishment deed and also in not producing the registered release deed

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at the time of consideration of aforesaid applications, liberty may be reserved to make amendment in the plaint and also to file application for praying the order of injunction.

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