IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT WRIT PETITION No.22864/2017 (GM-CPC) BETWEEN:
SMT LINGAMMA, AGED ABOUT 69 YEARS, W/O LATE D S SHANKAREGOWDA, R/O DYAPASANDRA VILLAGE, KERAGODU HOBLI, MANDYA TALUK – 571 401.
BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED.
(BY SRI. T N RAGHUPATHY, ADVOCATE) AND:
1. SMT. SUSHEELAMMA, AGED ABOUT 69 YEARS, W/O K V SHANKAREGOWDA, R/AT MARIGOWDA BADAVANE, MANDYA CITY – 571 401.
2. SRI CHANDRASHEKAR, AGED ABOUT 53 YEARS, S/O B NINGAIAH, … PETITIONER 3. SMT. MARILINGAMMA, AGED ABOUT 85 YEARS, W/O LATE HONNAGIRIGOWDA, RESPONDENT NOS. 2 & 3 ARE R/AT DYAPASANDRA VILLAGE, KERAGOWDA HOBLI, MANDYA TALUK – 571 401.
… RESPONDENTS (BY SRI. H C SHIVARAMU, ADVOCATE FOR R1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 24.11.2016 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE, MANDYA IN M.A.NO.24/2013 VIDE ANNEX-L & QUASH THE SAME AND ALLOW THIS W.P. WITH COSTS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the plaintiff in a declaratory suit in O.S.No.414/2013 is knocking at the doors of Writ Court seeking to lay a challenge to the order dated 24.11.2016 a copy whereof is at Annexure-L, whereby the learned First Additional Senior Civil Judge, Mandya, having favoured contesting respondent’s M.A. No.24/2013 has set aside the order of Temporary Injunction passed by the learned Additional Civil Judge, Mandya, on 12.11.2013. The respondents having entered appearance through their counsel resist the writ petition.
2. Having heard the learned counsel for the parties and having perused the writ petition papers, this Court grants limited indulgence in the matter to the extent that the order of injunction shall operate so far as 1 acre of suit land as described in the Saguvali Chit, a copy whereof is produced at Annexure-N. Only to that extent, the impugned order is sustained.
It is needless to mention that in respect of the suit land otherwise not comprised in the Saguvali Chit, the interference in the writ petition is declined.
No costs.
Sd/- JUDGE Bsv