- 1 - NC: 2025:KHC-K:1214 WP No. 202468 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO. 202468 OF 2024 (GM-CPC) BETWEEN: VENKAPPACHARYA JOSHI S/O. SRINIVASACHARYA JOSHI, AGE. 58 YEARS, OCCUPATION: ADDL. GOVT. PLEADER, RESIDENCE OF SHORAPUR, TALUKA - SHORAPUR, DISTRICT YADGIRI. …PETITIONER (BY SRI. CHAITANYAKUMAR CHANDRIKI, ADVOCATE) AND: CHANNAPPAYYA S/O. BASAPPAYYA, AGE. 58 YEARS, OCCUPATION: AGRICULTURE, RESIDENCE OF ANABI VILLAGE, TALUK - SHAHAPUR, DISTRICT - YADGIRI -585202 …RESPONDENT (BY SRI. V.K. NAYAK, ADVOCATE) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i) ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE PROCEEDINGS PENDING BEFORE THE PRL.CIVIL JUDGE (JR.DN.) SHAHAPUR IN CIVIL MISC. NO. 02/2018 AS AT Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC-K:1214 WP No. 202468 of 2024 ANNEXURE-E SO FAR AS PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R.NATARAJ ORAL ORDER (PER: HON'BLE MR. JUSTICE R.NATARAJ) The petitioner has challenged the proceedings in Civil Misc.No.2/2018 in O.S.No.359/2013 pending consideration before the Principal Civil Judge (Jr.Dn.), Shahapur. 2. The respondent filed a suit for partition and separate possession in respect of various properties including Sy.Nos.205 and 327 of Anabi village, Shahapur Taluk. An application was filed seeking interim injunction to restrain the defendant Nos.1 and 2 in the suit from alienating the suit schedule properties. The Court after considering the application granted exparte interim injunction and restrained the defendant Nos.1 and 2 from alienating the suit schedule properties till the next date of hearing and posted the case on 12.11.2013. Thereafter the interim order granted on 12.11.2013 was not extended. The defendants then submitted a document for - 3 - NC: 2025:KHC-K:1214 WP No. 202468 of 2024 registration in respect of the land bearing Sy.No.327 of Anabi village, Shahapur Taluk. The Sub-Registrar, Shahapur requested the petitioner to furnish his opinion, whether the sale deed can be registered or not, in view of the interim order granted on 12.11.2013 not being extended. The petitioner who was the Additional Government Pleader, at Shahapur Court after considering the material, opined that the owner of property bearing Sy.No.327 of Anabi village can alienate and execute a deed of absolute sale to any person and that the transfer shall be covered under Section 52 of the Transfer of Property Act, 1882. Based on the opinion furnished by the petitioner, the defendant Nos.1 and 2 sold the land bearing Sy.No.327 in favour of defendant Nos.3 and 4. The respondents then filed an application for extension of interim prayer on 10.12.2013 which was considered by the Court and the interim order granted earlier was extended on 29.06.2015. The plaintiff therefore, filed an application alleging violation of the interim order and prayed the Court to punish the defendant Nos.1 and 2 and the petitioner. The said application was registered as C.Misc. 2/2018. The petitioner filed his objections to the said application. Since the petitioner is exposed to the - 4 - NC: 2025:KHC-K:1214 WP No. 202468 of 2024 risk of being prosecuted, he has filed this petition challenging the correctness of the proceedings initiated against him. 3. The learned counsel for the petitioner contended that as on the date of defendant Nos.1 and 2 conveying the land bearing Sy.No.327 of Anabi village, there was no order of restraint against them from conveying the property. He submits that in view of the above, he has given his opinion to the Sub- Registrar that there is no impediment to register the document. He contends that the plaintiff cannot now allege that the petitioner has violated the order of injunction granted, merely on the ground that the injunction was later extended by the Court on 29.06.2015. In support of his contention, he has placed on record, the request made by the Sub-Registrar, Shahapur for an opinion and also a copy of the opinion furnished by him. 4. The learned counsel for the respondent/plaintiff on the other hand contended that when once the order of injunction was extended by the Court upto 29.06.2015, it covered the period during which, the interim order was not extended. He therefore, contends that the defendant Nos.1 - 5 - NC: 2025:KHC-K:1214 WP No. 202468 of 2024 and 2 as well as the petitioner who were instrumental in violating the interim order of injunction are liable to be brought to book. 5. I have considered the submissions of the learned counsel for the petitioner as well as the learned counsel for the respondent/plaintiff. 6. It is undisputed that the order of interim injunction was granted on 12.11.2013 and the same was in force upto 10.12.2013. The interim order of injunction was not extended thereafter. In the meanwhile, the defendant Nos.1 and 2 seems to have placed a document for registration before the Sub- Registrar, Shahapur who addressed a communication dated 22.05.2015 to the petitioner seeking for an opinion as to whether he should stop the registration or reject the registration of the document. In response to the communication addressed by the Sub-Registrar, Shahapur, the petitioner gave his opinion that there was no interim order of injunction granted as on that day restraining the Sub-Registrar, Shahapur from registering the document and therefore the document could be registered. - 6 - NC: 2025:KHC-K:1214 WP No. 202468 of 2024 7. As a matter of fact, there was no order of interim injunction in force as on that day to restrain the defendants from alienating or encumbering the land bearing Sy.No.327 of Anabi village, Shahapur Taluk. The application for extension of interim order of injunction was filed on 09.06.2015 and the same was extended on 29.06.2015. Therefore, the petitioner cannot be accused of siding with the defendant Nos.1 and 2 in violating the interim order of injunction. Therefore, the proceedings initiated against the petitioner deserves to be halted. 8. Consequently, the following order is passed: ORDER The writ petition is allowed. The impugned proceedings against the petitioner in Civil Misc.No.2/2018 pending on the file of Principal Civil Judge (Jr.Dn.) Shahapur is quashed. However, the proceedings against the defendant Nos.1 and 2 shall continue. Sd/- (R.NATARAJ) JUDGE HJ List No.: 1 Sl No.: 19