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2025 DAILYLAW 24340 (KAR)

SMT MUNILAKSHMAMMA v. H POOVAIAHA @ KUVANNA

WP/13492/2021 · 2025-04-04

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14497 WP No. 13492 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13492 OF 2021 (GM-CPC) BETWEEN: 1. SMT MUNILAKSHMAMMA W/O SRI MUNIYAPPA AGED ABOUT 61 YEARS 2. SMT. M RATHNAMMA D/O MUNIYAPPA AGED ABOUT 44 YEARS BOTH ARE R/AT MARUTHI NAGAR SHIDLAGHATTA CROSS VIJAYAPURA TOWN, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562135. …PETITIONERS (BY SRI. C SHANKAR REDDY., ADVOCATE) AND: 1. H POOVAIAHA @ KUVANNA S/O OF SRI HANUMAPPA AGED ABOUT 82 YEARS 2. SRI RAMANNA S/O H POOVAIAH @ KUVANNA AGED ABOUT 62 YEARS. 3. SRI RAMESH S/O H POOVAIAH @ KUVANNA AGED ABOUT 57 YEARS ALL ARE R/AT MARUTHI NAGAR SHIDLAGHATTA CROSS VIJAYAPURA TOWN, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562135 …RESPONDENTS (BY SRI.S V PRAKASH AND SRI. UMESH MOOLIMANI., ADVOCATES FOR R1 TO R3) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14497 WP No. 13492 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT DATED:16.12.2020 MADE IN MISCELLANEOUS APPEAL NO.15028/2020 ON THE FILE OF THE V ADDITIONAL DISTRICT JUDGE BENGALURU RURAL DISTRICT AT DEVANAHALLI PRODUCED HEREWITH AND MARKED AS ANNEXURE-S AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 16.12.2020 passed in Misc. Appeal No.15028/2020 by the V Additional District and Sessions Judge, Bengaluru Rural District, Devanahalli, whereby the order passed by the trial court in O.S.No.612/2019 dated 02.03.2020 has been set aside. 2. The plaintiffs filed a suit for injunction. Along with the plaint, they filed an application under Order 39 Rules 1 and 2 of CPC. The trial court, by an order dated 02.03.2020 granted a temporary injunction order. Being aggrieved by the same, defendants filed an appeal before the V Additional District and Sessions Judge, Bengaluru Rural District, Devanahalli in Misc.No.15028/2020. By the - 3 - NC: 2025:KHC:14497 WP No. 13492 of 2021 impugned order, the appeal was allowed. Being aggrieved by the same, plaintiffs are before this Court. 3. This Court, on 28.07.2021 directed the parties to maintain status-quo regarding disputed portion of the land measuring 6 ft.x32 ft. shown in the property bearing Municipal Katha No.22-508-126 of Vijayapura Town as per Annexure-L. The said interim order is continued till today. Now, the matter is set down for evidence before the trial court. 4. In view of the above, this petition stands disposed of. 5. The interim order granted by this Court on 28.07.2021 shall continue till the disposal of the suit. In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 60