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SREENIVAS HARISH KUMAR
Shadakshari C. L. S/o Late C. C. Laxmanappa – Appellant
Versus
Santhosha C. A. S/o Sri C. L. Ananda – Respondent
JUDGMENT :
This is an appeal filed under Order 43 Rule 1(r) of the Code of Civil Procedure. The events that have led to this appeal are as follows:
2. Original Suit 246/2014 was instituted by the respondent in the court of Additional Civil Judge, Tarikere. It was a title suit based on a registered will dated 19/10/2011 executed by C.C Laxmanappa. In the suit, an order of temporary injunction was in force till its disposal restraining the appellant from interfering with respondent’s possession of suit property. The appellant herein challenged the order of grant of temporary injunction by preferring an appeal and it was dismissed. Then on conclusion of trial the suit came to be dismissed. Therefore, the respondent preferred an appeal under section 96 read with Order 41 Rule 1 CPC to the court of Senior Civil Judge, Tarikere. In the appeal respondent filed an application for temporary injunction and since by order dated 13/12/2021, the application came to be allowed, the appellants have preferred this appeal.
3. It is not necessary to deal with the factual aspects since Sri Madhusudhana Rao for the appellants and Sri R Vijay Kumar for the respondent raised legal issues while arguing. It
An application for temporary injunction preferred in an appeal under section 96 read with Order 41 Rule 1 of CPC against judgment and decree of trial court, can be made.
The Appellate Court should not interfere with the trial court's exercise of discretion in granting or refusing interlocutory injunctions unless the discretion has been exercised arbitrarily, capricio....
The court upheld the Appellate Court's decision to grant a temporary injunction, emphasizing the need to maintain status quo to prevent irreparable loss and multiplicity of proceedings.
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
Injunction is a discretionary relief, and the application of the Doctrine of Lis Pendens in property disputes is crucial in determining the grant of temporary injunction.
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