Disposed¶39

Sri Doddaiah v. Sri Thimmaiah

Karnataka HC22 Aug 2025WP/21735/2025

Case brief

AI extract

What is this about?

Interim injunction Order XXXIX Rules 1 and 2 CPC upheld by appellate court; writ petition under Article 227 disposed on ground of cogent concurrent findings warranting no interference; Karnataka High Court, Magadi courts, M.A.No. 22/2023, order dated 06.06.2025, Justice M. Nagaprasanna, 22-08-2025; remedies left open.

What did the court decide?

No interference; petition disposed leaving open all remedies available in law and the contentions urged before the suit. ¶39

Sri Doddaiah Vs Sri Thimmaiah — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:33123 WP No. 21735 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 21735 OF 2025 (GM-CPC)

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BETWEEN:

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SRI DODDAIAH

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S/O LATE KARETHIMMAIAH, AGED ABOUT 54 YEARS,

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SMT. KEMPAMMA, W/O DODDAIAH, AGED ABOUT 46 YEARS,

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BOTH ARE RESIDING AT MELANAHALLI, MADABAL HOBLI, MAGADI TALUK, RAMANAGA DISTRICT 562120

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ALSO R/A KATMALLU VILLAGE, BIDARAHALLI HOBLI, VIRONAGAR POST, BANGALORE EAST TALUK, BANGALORE 560049

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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(BY SRI. SRIKANTH NV.,ADVOCATE)

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AND:

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SRI THIMMAIAH

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…PETITIONERS

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S/O LATE BETTAIAH @ H. BETTAIAH, AGED ABOUT 54 YEARS,

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SRI. CHIKKAKEMPAIAH, S/O LATE HUCHAPPA @ HUCHAIAH, AGED ABOUT 69 YEARS,

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BOTH ARE R/A MELANAHALLI, MADABAL HOBLI, SUNKATHIMMAIAHNAPALYA, MAGADI TALUK, RAMANAGA DISTRICT - 562120

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NC: 2025:KHC:33123 WP No. 21735 of 2025

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HC-KAR

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…RESPONDENTS

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(BY SRI. P.M. GOPI., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 06.06.2025 PASSED IN M.A.NO. 22/2023 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI AS PER ANNX-A CONSEQUENTLY ALLOW THE APPEAL FILED BY THE PETITIONERS AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in question the orders of the Civil Court granting injunction in favour of the respondents/plaintiff and the First Appellate Court rejecting the challenge to the grant of such injunction under Order XXXIX Rules 1 and 2 of CPC.

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The reasons so rendered by the concerned Courts would not merit any entertainment of the subject petition, as the reasons are cogent and in accordance with law.

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The concurrent findings of the Court qua the injunction does not warrant any interference in the exercise of jurisdiction under Article 227 of the Constitution of India.

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NC: 2025:KHC:33123 WP No. 21735 of 2025

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HC-KAR

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