Ashokgouda v. Mahaboob
Case brief
What is this about?
High Court of Karnataka appeal by defendants against interlocutory temporary injunction restraining construction over the northern side of the suit schedule property, pending trial of plaintiffs' suit for declaration and permanent injunction (alleged encroachment). Points: neighbouring owners; construction permission granted by competent authority; interlocutory restraint upheld pending full-fledged trial; court-directed survey report held not conclusive proof of encroachment; no perversity in Trial Court order; appeal dismissed. Extraction quality warning: source text is heavily corrupted (character-substitution/mojibake); cause title, case numbers, dates, judge, statutes, counsel and cited precedent unrecoverable.
What did the court decide?
As the full-fledged trial in the suit is yet to be conducted, and following the declaration of law made by this Court (the precedent cited is illegible in the damaged record), the Trial Court, after considering the material on record, rightly allowed the plaintiffs' application restraining the defendants from making further construction over the suit schedule property.