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1972 Supreme(Kar) 161

K.VENKATASWAMI
BANAPPA DYAVAPPA KUMBAR – Appellant
Versus
GURUNATH KRISHNAJI INGALGI – Respondent


Advocates:
J.S.GUNJAL, V.TARKARAM

( 1 ) THIS revision petition is directed against an Order made by the learned Second Additional District Judge at Dharwar, in MA. No. 29 of 1971, by which the temporary injunction granted by the learned Civil judge at Hubli in OS. No. 48 of 1971 was vacated. Hence this petition by the plaintiff.

( 2 ) THE relevant facts are as follows: The suit was filed by the petitioner for a permanent injunction in respect of RS. No. 1/1 of Hirenarti village. In the said suit, IA. I was filed for the grant of a temporary injunction against the respondents. The trial Court allowed the application and issued the temporary injunction prayed for. On appeal by the present respondents, the learned District Judge allowed the appeal and set aside the Order of injunction. It is necessary to set out a few more facts relative to previous proceedings between the parties.

( 3 ) THE suit land originally belonged to one Krishnaji, whose son is the first respondent herein. The case on behalf of the petitioner is that he was first inducted as a tenant on the land by the said Krishnaji and later he entered into an agreement to purchase the said property for a consideration of Rs,16,000, and paid an advance of Rs.








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