Karnataka High Court

WP/53043/2019 of SMT ROOPAVATHI Vs SMT DR M SMITHA on 31 December 2019

HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.53043 OF 2019 (GM-CPC) BETWEEN: 1. SMT. ROOPAVATHI W/O BALARAJ AGED ABOUT 60 YEARS 2. SRI. N. BALARAJ S/O LATE G. NARASIMHAIAH AGED ABOUT 62 YEARS BOTH

IN THR HIGH COURT OF KARNATAKA AT BENGALURU|DATEKED THIS THR 3[ST]DAY OF DECEMBER, 2019

BEBERFO

‘THR HON’BLE MRS.JUSTICK S.SUJATHA|

WRIT PETITION No.53043 OF 2019 (GMCPC)

BETWEEN:

1.|SMT. ROOPAVATHI

W/O BALARAJ |

AGED ABOUT 60 YBEARS

2 |SRI. N. BALARAJ»/O LATE G. NARASIMHAITAH»/O LATE G. NARASIMHAITAH

AGED ABOUT 62 YEARS

BOTH ARE R/AT NO.19|NANJBGOWDA STREBEKNEAR LALBAGH MAIN GATEDODDA MAVALLIBASAVANAGU DIBANGALORE — 560 004|

_. PRHTITTION

(BY SRI. SHIVAKUMAR V., ADVOCATE)

AND:

1.|SMT. DR. M. SMITHA|W/O DR. 8S. MAHADEVASWAMYAGED ABOUT 42 YKEARSR/AT NO.5630, II STAGEII PHASE, VIJAYANAGAR|MYSURU — 570 O17.W/O DR. 8S. MAHADEVASWAMYAGED ABOUT 42 YKEARSR/AT NO.5630, II STAGEII PHASE, VIJAYANAGAR|MYSURU — 570 O17.

2 |SMT. R. VIMALA|W/O S8S.M. ANIAGED ABOUT 33 YBARSR/AT: NO.15, SAMANAHALLI VILLAGEW/O S8S.M. ANIAGED ABOUT 33 YBARSR/AT: NO.15, SAMANAHALLI VILLAGE

MUTTANALLUR POSTANEKAL TALU KBENGALURU — 560 099

... RESPONDENTS

THIS WRIT PRTITION IS FILED UNDER ARTICLE.ID, OF THER CONSTITUTION OF [INDIA PRAYING TQUASH THE IMPUGNED ORDER DATED 21.09.2019PASSED>BY|THRTRIALCOURTGRANTING.THERBXPARTE AD-INTBRIM TKHMPORARY INJUNCTION ON [ANO.1 IN O.8.NO.432/2019 VIDE ANNEXURE-A.

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THIS WRIT PRTITION COMING ON FOR ORDERS>THIS DAY, THE COURT MADE THE FOLLOWING: |

ORDER

The petitioners have assailed the order dated21.09.2019 passed by the learned II Additional Civil|JudgeandJMEC,Anekal(Trial Court)in.O.S.No0.432/2019, whereby an exparte ad-interimorder of temporary injunction has been granted. —

oD Respondent No.1 has filed a suit in|O.S.N0.432/2019for|therelief.ot|permanentinjunction along with an application i.e., I.A.No.1|under Order XXXIX Rules 1 and 2 of CPC seeking|temporary injunction against the petitioners and|respondent No.2. The trial Court has granted|ad-interim exparte injunction on 21.09.2019 and the same has been extended on 08.11.2019, further to belisted on 31.01.2020.

3. |It is the grievance of the petitioners that)respondent No.1, taking undue advantage of the|exparte ad- interim temporary injunction, is making|attempts to disturb the possession of the petitioners|relating to the Survey No.15/1 measuring 2 acres 21172 guntas. Hence, seeks for interference of this Court.

4The factual aspects asserted by the|learned counsel for the petitioners cannot be|adjudicatedunderWrit.jurisdiction. TheSamerequires to be analysed by the trial Court. |

5In the circumstances, the petitioners are)at liberty to file objections to I.A.No.1 and thereafter,the trial Court can proceed to pass an order in|accordance with law. The writ petition is premature|and accordingly stands dismissed with liberty to file|objections to I.A.No.1 before the trial Court. The trial|Court shall consider the objections to be filed by the 0/121234/56��24–7EE35:74E/ @21. 97@ 74: :26036/ 3C 1./

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