Srivatsa.S., v. Smt. Rajalakshmi
Case brief
What is this about?
High Court of Karnataka at Bengaluru; Coram: Justice K.S. Hemalekha; MFA No. 9603 of 2025 (CPC); decided 05.03.2026. Temporary-injunction refusal upheld; plaintiff's appeal dismissed. Appeal under Order 43 Rule 1(r) CPC against rejection of I.A.No.1 under Order XXXIX Rules 1 and 2 read with Section 151 CPC in O.S.No.7916/2024. Key points: scope of appellate interference with discretionary interlocutory orders confined to perversity, illegality or material irregularity; prima facie case and balance of convenience not made out; inconsistency between claim to 35 guntas (schedule) and 12 guntas (prayer for vacant possession); no material produced to prove encroachment of Suit Schedule-B property; Sy.No.48/1 phodi title chain; parties: Srivatsa .S v. Smt. Rajalakshmi and others.
What did the court decide?
While exercising jurisdiction under Order 43 Rule 1 CPC, this Court interferes with the discretionary order of the trial Court only when it suffers from perversity, illegality or material irregularity.