Karnataka High Court
WP/11902/2023 of P C DHARANIPATHY Vs SRI. GURURAJA SEVA SAMITHI on 3 September 2026
CNR: KAHC010278552023 NC: 2026:KHC:48067 WP No. 11902 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO. 11902 OF 2023 (GM-CPC) BETWEEN: P.C. DHARANIPATHY S/O LATE P.C CHAKRAPANI
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 11902 OF 2023 (GM-CPC)
BETWEEN:
P.C. DHARANIPATHY
S/O LATE P.C CHAKRAPANI NAIDU,
AGED ABOUT 62 YARS,
R/AT ANNASAGARA VILLAGE,
VENGASANDRA POST,
KYASAMBALLI HOBLI,
KGF TALUK, KOLAR DISTRICT - 563 101.
…PETITIONER
(BY SRI. N.S. BHAT, ADVOCATE)
AND:
SRI. GURURAJA SEVA SAMITHI
SUNDERPALYA VILLAGE AND POST,
KAYASAMBALI HOBLI, KGF TALUK - 563 101
(EARLIER BANGARPET TALUK)
REPRESENTED BY ITS PRESIDENT,
SRI. A.S.LAKSHMINARAYANA,
S/O SRI. A. SRINIVAS SHARMA,
AGED 65 YEARS,
REGISTERED UNDER TRUST ACT.
…RESPONDENT
(BY SRI. ABHISHEK N.V, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION
OF
INDIA
PRAYING
TO
QUASHING
AN
Digitally
signed by
ANNAPURNA
G
Location:
High Court of
Karnataka
HC-KAR
IMPUGNED ORDER DATED 25/03/2023 ON IA NO 3 UNDER
ORDER 14 RULE 5 OF THE CODE OF CIVIL PROCEDURE,PASSED
BY THE I ADDL CIVIL JUDGE AND JMFC KGF IN OS NO
198/2017 AS PER ANNEXURE-E AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
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ORAL ORDER
This writ petition is filed challenging the order dated 25.03.2023 passed on IA No.3 in O.S.No.198/2017 by the I Addl. Civil Judge, KGF (hereinafter referred to as 'trial Court').
2. Heard Sri. N S Bhat, learned counsel for the petitioner and Sri. Abhishek N V, learned counsel for respondent.
3. Respondent had filed suit in O.S.No.198/2017 against the petitioner seeking judgment and decree of permanent injunction restraining the defendants, his family members, servants and representative from interfering with plaintiff's peaceful possession enjoyment
HC-KAR
of the suit schedule property. The petitioner filed the written statement denying the plaint averments by specifically contending that the defendant acquired the right over the suit schedule property by virtue of registered sale deed dated 30.09.2011. The trial Court framed the issues. Thereafter, the defendant filed an application under Order XIV Rule 5 of Code of Civil Procedure, 1908 (for short 'CPC') seeking to frame additional issues.
4. I have perused the pleading on record, issues framed by the trial Court and the additional issues sought to be framed.
5. The defendant in the suit has specifically contended that in a suit for bare injunction, the said suit is not maintainable as there is a cloud over the title of the plaintiff.
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6. Considering the aforesaid pleading, it would be appropriate to frame the additional issue in the suit which reads as under: "Whether the suit of the plaintiff for bare injunction is maintainable when the defendant questions the title of the plaintiff?"
The aforesaid issue is framed keeping in mind the fact that a material proposition of the fact pleaded by the defendant and denied by the plaintiff.
7. Hence, I proceed to pass the following:
ORDER
1. Writ petition is disposed of.
2. The impugned order dated 25.03.2023 passed on IA No.3 in O.S.No.198/2017 by the I Addl. Civil Judge, KGF is modified to the aforesaid extent. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SSD List No.: 1 Sl No.: 31