J Prashanth Hegde v. Dr H Nanjappa
Case brief
What is this about?
Karnataka High Court, Bengaluru; Vijaykumar A. Patil, J.; WP No. 24159 of 2021 (GM-CPC); decided 12 June 2026; NC: 2026:KHC:28560. Petitioner J. Prashanth Hegde (defendant) challenged under Article 227 the appellate order dated 30.01.2020 in M.A.No.24/2019 (II Additional Senior Civil Judge, Shivamogga) granting the respondent Dr. H. Nanjappa (plaintiff) temporary injunction under Order XXXIX Rules 1 & 2 CPC in O.S.No.135/2019 (suit for declaration of ownership of Schedule-B property, permanent and mandatory injunction; encroachment of 3 feet alleged; second floor already existing when suit filed). Held: suit involves comprehensive relief to be tried on merits; writ petition disposed of directing trial Court to decide suit in accordance with law uninfluenced by interim-injunction findings. Keywords: temporary injunction, Order XXXIX Rule 1 and 2 CPC, Article 227, encroachment, Shivamogga.