RAMESH S/O SHANKREPPA MARGOL v. MINAPPA AND ORS

Court: High Court of Karnataka

Bench: JYOTI MULIMANI

Judgment date: 2024-01-09

Case summary

High Court of Karnataka judgment dated 2024-01-09. RAMESH S/O SHANKREPPA MARGOL v. MINAPPA AND ORS. Read the judgment and case details on LawSphereX.

Judgment text

- 1 - WP No. 202222 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH TH DATED THIS THE 9 DAY OF JANUARY, 2024 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 202222 OF 2021 (GM-CPC) BETWEEN: RAMESH S/O SHANKREPPA MARGOL, AGE: 51 YEARS, OCC: BUSINESS, R/O VILLAGE MARGOL, TQ: CHITTAPUR, DIST: KALABURAGI. …PETITIONER (BY SRI. SHIVANAND PATIL. , ADVOCATE) AND: 1. MINAPPA S/O SHIVARAYA RAIKODI, AGE: 45 YEARS, OCC: AGRICULTURE, R/O KALBENOOR VILLAGE, TQ. AND DIST. KALABURAGI - 585 106. 2. SHARANAPPA S/O SHIVARAYA RAIKODI, AGE: 42 YEARS, OCC: AGRICULTURE, R/O KALBENOOR VILLAGE, TQ: AND DIST: KALABURAGI-585 106. 3. JAGANNATH S/O SHIVARAYA RAIKODI, AGE: 40 YEARS, OCC: AGRICULTURE, R/O KALBENOOR VILLAGE, TQ: AND DIST: KALABURAGI - 585 106. 4. LAXMAN S/O SHIVARAYA RAIKODI, AGE: 32 YEARS, OCC: AGRICULTURE, R/O KALBENOOR VILLAGE, TQ: AND DIST: KALABURAGI - 585 106. - 2 - WP No. 202222 of 2021 5.

AMBARAYA S/O SHIVARAYA RAIKODI, AGE: 30 YEARS, OCC: AGRICULTURE, R/O KALBENOOR VILLAGE, TQ: AND DIST: KALABURAGI-585 106. …RESPONDENTS (BY SRI. GANESH. S. KALABURAGI. , ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Sri. Shivanand Patil. , learned counsel for the petitioner and Sri. Ganesh S. Kalaburgi. , learned counsel for the respondents have appeared in person. 2. The brief facts are these: The plaintiffs filed a suit on the file of Prl. Civil Judge and J. M. F. C. , Kalaburagi in O. S. No. 266/2020. During the pendency of the suit, they also moved an application under Order 39 rule 1 & 2 of CPC for an order of temporary injunction. The Trial Court vide order dated:18. 12. 2020 rejected the application. The plaintiffs assailed the rejection order before the Appellate - 3 - WP No.

202222 of 2021 Court in M. A. No. 2/2021. The Appellate Court vide order dated:02. 09. 2021 allowed the application and granted an order of injunction. It is this order that is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 3. Learned counsel for the petitioner and the respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care. 4. Learned counsel for the petitioner and respondents jointly submits that this Court vide order dated:26. 11. 2021 directed the parties to maintain status quo in respect of 06 Acres 17 Guntas of land in Sy. No. 72 situated at Kalbenoor Village, Kalaburagi Taluk and District bounded by East: land of Jamagi Gouda, West: land of Shivaraya, North: land of Gundappa and South: land of Shivaraya.

Counsel further submits that the interim order of status quo granted by this Court shall continue to operate till the disposal of the Original Suit. Accordingly, Writ Petition may be disposed of. - 4 - WP No. 202222 of 2021 The oral submission made on behalf of learned counsel for the respective parties is placed on record. 5. The Writ Petition is allowed. The order dated: 02. 09. 2021 passed by the Prl. Senior Civil Judge & CJM, Kalaburagi in M. A. No. 02/2021 vide Annexure-E is quashed. The Interim order of status quo granted by this Court on 26. 11. 2021 shall continue to operate till the disposal of the Original Suit in No. 266/2020. The Prl. Civil Judge & JMFC. , Kalaburagi is directed to dispose of the Original Suit as expeditiously as possible. In view of disposal of the Writ Petition, pending Interlocutory applications, if any are disposed of. Needless to observe that this Court has not expressed any opinion on the merits of the case. Sd/- JUDGE TKN List No. : 2 Sl No. : 24

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