- 1 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.105766 OF 2024 (CPC) BETWEEN: SMT. SUNITA W/O MANOHAR NAGARAHALLI, AGE: 35 YEARS, OCC: TEACHER, R/O: MUNDARAGI, NOW AT USA, REP. BY HER GPA HOLDER, CHANNAPPA S/O GUNDAPPA KARAMUDI, AGE ABOUT 70 YEARS, OCC: AGRICULTURE, R/O: BUDIHAL, TQ: RON-591 104, DIST: GADAG. … APPELLANT (BY SMT. PADMAJA S. TADAPATRI, FOR SRI K.L. PATIL, ADVOCATE) AND: 1. KALAKAPPA S/O GUNDAPPA KARAMUDI, AGE ABOUT 67 YEARS, OCC: AGRICULTURE, R/O: BUDIHAL, TQ: RON-591 104, DIST: GADAG. 2. SMT. RENUKA W/O KALAKAPPA KARAMUDI, AGE ABOUT 56 YEARS, OCC: AGRICULTURE, R/O: BUDIHAL, TQ: RON-591 104, DIST: GADAG. 3. SERENTICA RENEWABLE INDIA-3 PRIVATE LTD., REP. BY BALAJI S/O RANGARAM, AGE: 46 YEARS, R/O: NO.22, SRIRANG, 5TH CROSS, TELECOM COLONY, MAIN ROAD, OPP. JEEVANADI SAMPURN APARTMENT, GANESH NAGAR, KODIGE HALLI, VIDYARANYAPUR, BENGALURU-560 097. … RESPONDENTS (BY SRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R3) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.10.2024, PASSED IN O.S.NO.90/2024, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, RON, ON I.A.NO.1 AND CONSEQUENTLY ALLOW THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ETC.,. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the plaintiff, questioning the order dated 22.10.2024, passed by the Senior Civil Judge and JMFC, Ron, in O.S.No.90/2024, on I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC, thereby, the prayer for the relief of temporary injunction is dismissed. 2. Heard the arguments of learned counsels appearing for both the sides and perused the material placed before the Court. 3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court. - 3 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 4. The plaintiff has filed a suit for partition and separate possession by metes and bounds contending that the suit schedule properties are the ancestral and joint family properties by claiming 1/3rd share in all the suit schedule properties. The plaintiff is the daughter of defendants No.1 and 2. 5. Further, the plaintiff pleaded that the defendants No.1 and 2 have entered into agreement of sale dated 13.03.2023 in respect of 01 acre of land in Sy.No.158/3 out of total extent of 08 acres 13 guntas. Further, defendants No.1 and 2 have executed an agreement of lease for 03 acres 25 guntas in the said land. Therefore, pleaded that when the plaintiff is having inherent right of share of 1/3rd in the suit schedule properties, therefore, filed a suit for partition and also filed an application for temporary injunction in respect of land bearing Sy.No.158/3 not to change the nature of land. - 4 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 6. Though initially the trial Court has granted an ex-parte order of temporary injunction, but subsequently upon hearing both the parties, the trial Court has dismissed I.A.No.1 and an ex-parte order of injunction granted was vacated. Being aggrieved by this, the plaintiff has preferred the present appeal. 7. The grounds urged and the learned counsel for plaintiff submitted that all the suit schedule properties including Sy.No.158/3 are ancestral and joint family properties. Whatever agreement of sale between defendant No.1 and 2 with defendant No.3 as also agreement for lease executed by defendants No.1 and 2 in favour of defendant No.3 is not binding on the share of plaintiff. Therefore, submitted that if defendant No.3 is going to install the project, then it would decline the valuable right of other properties more particularly the portion of the land bearing Sy.No.158/3 which cause deprivation of legitimate right of the plaintiff. Therefore, prays for grant of order of temporary injunction. - 5 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 8. On the other hand, learned counsel for respondent/defendant No.3 submitted that defendants No.1 and 2 after understanding that defendant No.3 is going to install wind power project on the land bearing Sy.No.158/3 to the extent of 04 acres 25 guntas and accordingly an agreement of sale was executed in respect of 01 acre of land and agreement of lease was executed for remaining 03 acres 25 guntas of land. Therefore, further submitted that the Government of Karnataka has given permission to defendant No.3 for installation of wind power project and accordingly agreement of sale and agreement of lease were executed and when this being the fact, when the plaintiff is claiming 1/3rd share in the other properties, and the land as per lease agreement is only a small extent and for this the entire project cannot be prevented. Also submitted that in clause (8) and (9) of agreement of sale, defendants No.1 and 2 being vendors have specifically agreed for carrying out necessary sketch, soil testing, topography work and rerouting before making - 6 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 installation of the power project and now the plaintiff cannot file application for injunction prohibiting defendant No.3 to carryout the project. Further submitted that as per section 20A and Section 41(ha) of the Specific Relief Act, 1963, the Courts cannot grant injunction in respect of the projects of infrastructure as specified in the Schedule of the Act. Therefore, this is correctly observed by the trial Court and refused grant of temporary injunction, which needs no interference. Therefore, prays to dismiss the appeal. 9. Upon hearing the arguments, the point that arises for consideration in this appeal is as under: “Whether, under the facts and circumstances involved in this case, when defendants No.1 and 2 being owners/vendors have agreed with defendant No.3 by executing agreement of sale and also agreement of lease, for installation of wind power project on the land bearing Sy.No.158/3 to the extent of 01 acre and 03 acres 25 guntas, respectively, then an - 7 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 order of temporary injunction could be passed by considering Section 20A and Section 41(ha) of the Specific Relief Act?” 10. Defendant No.3 has not disputed the relationship of plaintiff with defendants No.1 and 2. The application filed for temporary injunction is only confined to item No.1 of the suit schedule properties bearing Sy.No.158/3 measuring 08 acres 13 guntas. It is not disputed that defendants No.1 and 2 have executed an agreement of sale in favour of defendant No.3 for sale of 01 acre of land and also executed an agreement of lease in respect of 03 acres 25 guntas in the land bearing Sy.No.158/3 out of total extent of 08 acres 13 guntas. The plaintiff has filed application for temporary injunction only in respect of land bearing Sy.No.158/3 measuring 08 acres 13 guntas seeking an order of temporary injunction against defendant No.3 not to install and proceed with wind power project by changing the nature of land. - 8 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 11. The trial Court has observed in the order that if the suit is decreed, at the most the plaintiff will get 06 acres of land, in such circumstances if at all the plaintiff succeeds in getting share in the suit schedule properties, she can work out her remedy in final decree proceedings, but could not prevent the wind power project to be installed by defendant No.3. Also assigned reasons that as per Section 20A and Section 41(ha) of the Specific Relief Act, the Court cannot grant injunction in respect of the infrastructure issues, thus, dismissed the application. 12. Agreement of sale is registered one without possession. Though the agreement of sale is without possession, since defendant No.3 is going to install wind power project, for which defendant No.3 has obtained permission from the Government of Karnataka, which is pleaded in the written statement and produced as document No.1. - 9 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 13. Further, a copy of agreement of sale dated 13.03.2023 is made available to this Court at this stage and at paragraph Nos.8 and 9, which reads as follows: “8. The vendor hereby agrees and confirms that the Vendee or its nominee/s and/or prospective purchasers can carry out field works as and whenever required including, but not limited to, soil testing study, preliminary level studies, demarcation of the land by way of yellow painted pillar for topo study and finalization of layout of the wind project, undertake re- routing of distribution lines, topographical study in the schedule Property and undertake to provide free and unfettered access, to the Vendee or its nominees, prospective purchasers and/or their representatives, to the Schedule Property in order to carry out the required activities as mentioned above. The Vendor clearly understands and agrees that for conducting field activities including the soil testing study the Vendee’s representatives has to be physically present on the Schedule Property for such period as may be communicated by the Vendee to the Vendor either orally or in writing. 9. The vendor understands that the Vendee shall get the existing power transmission or power distribution lines, if any, which are passing through the Schedule Property, re-routed in such a way that no part of the power transmission or power distribution lines shall pass through the Schedule Property by duly following the laid down procedure, rules and regulations, and after securing the required permits and approvals. The vendor shall provide all reasonable support to the vendee in this regard. The vendor undertake to provide free access, to the Vendee or its nominees and/or representatives, to the Schedule Property in order to carry out the required activities as mentioned above.” - 10 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 14. Though the agreement of sale is without possession and is registered one, but as per the clauses above stated, defendant Nos.1 and 2, being vendors, have agreed and confirmed that defendant No.3 can carry out field works such as soil testing study, preliminary level studies, demarcation of the land by way of yellow painted pillar for topo study and finalization of layout of the wind project, undertake re-routing of distribution lines, topographical study etc. Also, defendant Nos.1 and 2 have agreed and confirmed that defendant No.3 shall get the existing power transmission of power distribution lines, if any which are passing through schedule property. Therefore, defendant Nos.1 and 2 have agreed and confirmed in the said agreement of sale and the same is also found in the lease agreement that defendant No.3 shall make the necessary works before installation of the wind power instruments. 15. When this being the fact emerged as per the pleadings of both the parties supported with prima facie - 11 - HC-KAR NC: 2025:KHC-D:8213 MFA No. 105766 of 2024 materials, therefore, as per Section 20A and 41(ha) of the Specific Relief Act, an order of temporary injunction cannot be granted. In this regard, the Trial Court has correctly observed and declined to grant an order of temporary injunction. Accordingly, the point raised for consideration in this appeal is answered in the ‘negative’. 16. In the result, I proceed to pass the following: ORDER i) The appeal is dismissed. ii) The order dated 22.10.2024, passed by the Senior Civil Judge and JMFC, Ron, in O.S.No.90/2024, on I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC is hereby confirmed. iii) No order as to costs. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK-para 1 to 11. SRA-para 12 to end. CT:BCK LIST NO.: 1 SL NO.: 19