IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.2394 OF 2019 (GM-CPC) BETWEEN:
SRI. MADAPPA S/O. LATE DODDANANJAIAH AGED ABOUT 52 YEARS R/AT RAMMANAHALLI VILLAGE KASABA HOBLI MYSORE TALUK – 570 019 ... PETITIONER (BY SRI NANJUNDA SWAMY N., ADVOCATE) AND:
1. SMT. MARIDEVAMMA W/O. RAMU AGED AOBUT 34 YEARS 2. SRI. RAMU S/O. LATE SANNAIAH AGED AOBUT 42 YEARS BOTH ARE R/AT BEHIND MALANAD RICE MILL MAHADEVAPURA MAIN ROAD RAMMANAHALLI VILLAGE KASABA HOBLI MYSORE TALUK – 570 019. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE /QUASH THE ORDER DATED 18.09.2018 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE & JMFC, MYSURU IN M.A.NO.45/2018 VIDE ANNEXURE – R AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner being the plaintiff in a declaration & injunction suit in OS.No.796/2016 is invoking the writ jurisdiction of this Court for assailing the orders of the Courts below which concurrently has denied injunctive relief to the petitioner.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as both the courts below on a fact matrix have concurrently held against the petitioner.
3. The grant of injunctive relief is a matter of discretion; this discretion is exercised by the trial Court and by the lower Appellate Court in accordance with rules of reason & justice; such orders, ordinarily are not subject to a deeper scrutiny at the hands of Writ Court, under Article 227 of the Constitution of India in view of the decision of the Apex Court in the case of TRIMBAK GANGADHAR TELANG & OTHERS V. RAMCHANDRA GANESH BHIDE, AIR 1977 SC 1222;
4. Another reason for not interfering with these orders is that if and when the petitioner succeeds in the suit, even the structure that is put up in the suit property shall be subject to the outcome of main matter wherein the other side ordinarily is not permitted to plead equity.
In the above circumstances, the writ petition is rejected in limine.
Sd/- JUDGE KTY