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2022 Supreme(Kar) 555

RAVI V. HOSMANI
H. P . Kumar, S/o. H. D. Puttaiah – Appellant
Versus
Y. S. Ravikumar, S/o. Sri. Y. Suryanarayana Setty – Respondent


Advocates Appeared:
For The Appellant : Sri. Dinesh Rao N.
For the Respondents: Sri. S.V. Giridhar, Sri. C.P. Dhananjay.

Judgement Key Points

Based on the legal document provided, here are the key points extracted with their corresponding references:

  • Case Citation and Court: The case is H. P. Kumar vs. Sri Y.S. Ravikumar and Ors., decided by the High Court of Karnataka at Bengaluru on 04-11-2022. (!)
  • Subject Matter: The case pertains to Civil Law regarding Injunctions, specifically Suit Properties under Order XXXIX Rule 1 and 2 of the CPC. [judgement_subject]
  • Core Legal Principle Established: Defendants who file a counter-claim against a plaintiff can maintain an application for a temporary injunction against the plaintiff. [judgement_subject]
  • Status Quo Injunction: The court has the power to injunct a plaintiff from continuing construction activities if such activities began under the cover of an ex-parte ad-interim injunction, to maintain the status quo during the pendency of the suit. [judgement_subject]
  • Procedural History: The appellant (Plaintiff) filed a suit (O.S.No.3694/2021) for declaration of ownership and permanent injunction, while the respondents (Defendants) filed a counter-claim and an application (I.A.No.2) for temporary injunction. (!) (!) (!)
  • Trial Court's Order: The trial court rejected the plaintiff's application (I.A.No.1) and allowed the defendants' application (I.A.No.2), restraining the plaintiff from interfering with the defendants' peaceful possession. (!)
  • Plaintiff's Claim to Title and Possession: The plaintiff claimed ownership based on registered sale deeds dated 20.04.2021, executed in pursuance of prior agreements of sale dated 07.11.2014, and alleged possession based on revenue records and electricity connections. (!) (!)
  • Defendants' Claim to Title: The defendants claimed title based on sale deeds (1981) and gift deeds (2010), supported by a confirmed decree in a related suit (O.S.No.8770/2012) which held the plaintiff's vendors' partition deed and subsequent sales as illegal. (!) (!)
  • Allegations of Construction: The defendants alleged that the plaintiff began construction of a compound wall under the protection of an ex-parte injunction, causing irreparable loss if not restrained. (!) (!)
  • Rejection of Plaintiff's Construction Defense: The court noted that the plaintiff did not plead substantial construction or investment in their applications or rejoinder, and photographs showed only initial stages of construction, making a status-quo order appropriate. (!) (!) (!)
  • Validity of Plaintiff's Possession Claim: The court found the plaintiff's claim of possession under the 2014 agreement of sale unacceptable because the agreement explicitly stated that possession was retained by the seller. (!) (!)
  • Maintainability of Defendant's Injunction Application: The court held that since the defendants filed a counter-claim, they are treated as plaintiffs under Order VIII Rule 6(A)(2) and (4) of CPC, making their application for injunction maintainable. (!) (!)
  • Final Decision: The appeal was dismissed, upholding the trial court's order to maintain the injunction against the plaintiff and restrain them from interfering with the suit properties. (!)

JUDGMENT :

1. Challenging order dated 26.08.2022 passed by XXIV Additional City Civil and Sessions Judge, Bengaluru City (CCH-6) on I.A. filed under Order XXXIX Rules 1 and 2 of CPC, in O.S.No.3694/2021 this appeal is filed.

2. Appellant herein was plaintiff, while respondents herein were defendants no. 1 to 4 respectively in suit. They shall hereinafter be referred to as such.

3. O.S.No.3694/2021 was filed by plaintiff seeking for declaration that plaintiff was absolute owner of schedule ‘A’ and ‘B’ properties (hereinafter referred to as ‘suit properties’ for short). He had also sought for declaration that gift deeds dated 21.06.2010; sale deeds dated 14.05.2007 and 05.03.1981; confirmation deed dated 29.11.2017 as null and void and cancel same as not binding on plaintiff; so also judgment and decree passed in O.S.No.8770/2012 passed by X Addl. City Civil and Sessions Judge, Bengaluru, as not binding on plaintiff and for permanent injunction restraining defendants from interfering/trespassing into suit properties etc.

4. In said suit, plaintiff had filed I.A.no.1 under Order XXXIX

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