Smt. Seshamma v. Sri. a. M. Rajanna
Case brief
What is this about?
Karnataka High Court, Bengaluru — MFA No.8827 of 2023 (CPC) — Hanchate Sanjeevkumar J — temporary injunction — Order XXXIX Rules 1 and 2 r/w Section 151 CPC — appeal under Order 43 Rule 1(r) CPC — cancellation of sale deeds — alleged fraud — sale at half of Government Guidelines Value (GGV) — presumption of registered sale deeds — Jamila Begum v. Shami Mohd., (2019) 2 SCC 727 (referred) — prima facie case — balance of convenience — multiplicity of proceedings — injunction against alienation granted, restraint on construction refused — O.S.No.92/2018, Nelamangala — suit to be decided within two years.
What did the court decide?
Appeal allowed in part: the order dated 18.08.2023 set aside only insofar as it rejected restraint on alienation; temporary injunction granted restraining defendant Nos.6 to 190 from making further alienations over suit schedule 'A' and 'B' properties; restraint on construction refused; Trial Court directed to dispose of O.S.No.92/2018 within two years.