Smt. Rajamma v. Sri Thimmappa @ Thimmaiah
Case brief
What is this about?
Karnataka HC, RP No. 210 of 2025, decided 22-07-2025 by Hanchate Sanjeevkumar J.; plaintiff's review against interim order of 04.04.2025 in MFA No. 880/2025 confining petrol bunk permission to 18,000 sq. ft of 38-gunta item No.9; review disposed with clarifications that pre-order structures and ongoing petrol bunk works are subject to the suit's result and defendants shall not claim equity; provisions: Order 47 Rule 1 and Section 114 CPC; no precedent cited.
What did the court decide?
Review petition disposed of with clarifications to the order dated 04.04.2025 in MFA No. 880/2025: (i) structures put up on the portion of the 38 guntas other than the 18,000 sq. ft, during pendency of the suit and before the MFA order, are subject to the result of the suit; (ii) the establishment of the petrol bunk on the 18,000 sq. ft cannot be stopped; (iii) the petrol bunk works and structures put up during pendency of the suit remain subject to the result of the suit, including the share of land on which the petrol bunk is established, and the defendants shall not claim equity.