Sri. Kempanna Vs Sadappa (Dead) Represented by Lrs

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.10.2020 PASSED BY ADDL. SENIOR CIVIL JUDGE AND JMFC, AT KGF IN MA.NO.42/2019 PRODUCED AS ANNEXURE-V AND CONFIRM THE ORDER PASSED BY THE

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4 - NC: 2026:KHC:35181 WP No. 15175 of 2020

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HC-KAR

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ADDL. CIVIL JUDGE AND JMFC AT BANGARPET IN I.A.NO.2 IN O.S.NO.258/2019 DATED 16.12.2019 ANNEXURE-T AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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This writ petition is filed challenging the order dated 14.10.2020 passed in M.A.No.42/2019 by the Additional Senior Civil Judge and JMFC, KGF (for short, the ‘Appellate Court’) and confirm the order dated 16.12.2019 passed on I.A.No.2 in O.S.No.258/2019 by the Additional Civil Judge and JMFC, Bangarpet (for short ‘Trial Court’).

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Heard Sri G.S. Nagharish, learned counsel

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appearing on behalf of Sri Aravind V Chavan, learned counsel for the petitioners and Sri G. Udhaya Kumar, learned counsel for respondent No.1 (A to E, G and H).

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Respondent No.1/plaintiff has filed

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O.S.No.258/2019 seeking the relief of declaration of the plaintiff's title as against defendant Nos.1 to 6 in respect of the

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HC-KAR

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Schedule 'B' property, cancellation of the gift deed dated 17.01.2019 and permanent injunction. In the said suit, the plaintiff filed I.A.No.2 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (for short ‘CPC’), seeking temporary injunction restraining defendant Nos.1 to 6, their agents, servants, etc., from putting up construction on the suit Schedule 'B' property pending disposal of the suit. The said application was opposed by the defendants. The Trial Court, vide order dated 16.12.2019, rejected the said application.

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The legal representatives of the plaintiff challenged the said order before the Appellate Court in M.A.No.42/2019. The Appellate Court, vide order dated 14.10.2020, directed both parties to maintain status quo in respect of possession of the suit Schedule 'B' property till the disposal of the suit. The said order is assailed in the present petition.

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It is the specific case of the petitioners/defendants that the entire construction over the suit Schedule 'B' property was completed in the year 2019 and that they are residing in the said premises. Considering the said aspect, the Appellate Court has directed the parties to maintain status quo in respect

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HC-KAR

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of possession of the Schedule 'B' property. I do not find any error in the said finding of the Appellate Court.

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When it is specifically averred by the defendants that they are residing in the property after completion of construction, I am of the view that the prayer relating to declaration of title and cancellation of the gift deed is required to be gone into by the Trial Court. At this stage, it would not be appropriate to interfere with the order of the Appellate Court in the present petition.

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In view of the aforesaid reasons, the writ petition is disposed of, directing the parties to maintain status quo with regard to the suit Schedule 'B' property till disposal of the suit.

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The Trial Court shall endeavor to dispose of the suit as expeditiously as possible. It is made clear that this Court has not expressed any opinion on the merits of the case.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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SHS List No.: 1 Sl No.: 3

Sri. Kempanna v. Sadappa (Dead) Represented by Lrs

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Sri. Kempanna v. Sadappa (Dead) Represented by Lrs

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