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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.MANMADHA RAO
Shivaprasad S/o Nanjundaiah – Appellant
Versus
Raziya Begum W/o Late Mohammed Ibrahim – Respondent
ORDER :
1. This writ petition is filed seeking to quash the order dated 30.03.2021 passed in M.A.No.9/2020 passed by the learned II Additional Senior Civil Judge and JMFC, Shivamogga (Annexure-E) (herein after referred to as “the Appellate Court” for short).
2. The petitioner herein was the plaintiff before the Trial Court and the respondent before the Appellate Court. Respondent Nos.1 to 12 were defendant Nos.1 to 12 and appellant Nos.1 to 12 before the Trial Court and the Appellate Court respectively.
3. The brief facts of the case are as follows:
The petitioner filed a suit for the relief of specific performance contending that the husband of the first respondent Sri.Mohammed Ibrahim, during his life time executed an agreement of sale, to sell the suit schedule property for a sum of Rs.2,00,000/- and received an advance of Rs.1,60,000/-. It was agreed that the sale deed to be executed after the lease to run the petrol bunk which comes to an end on 17.08.2015. However, the respondents failed to perform their part of obligation by defaulting in coming forward to execute the sale deed.
4. Having left with no other option, the petitioner herein was constrained to file a suit in O.S.No.69
A prima facie case for a temporary injunction requires not only proof of legal rights but also considerations of balance of convenience and prevention of irreparable loss in property disputes.
The respondent's establishment of a prima facie case for the grant of injunction based on the existence of the agreement and the balance of convenience.
A temporary injunction requires the plaintiff to establish a strong prima facie case, ensure balance of convenience, and demonstrate potential for irreparable harm.
The court upheld the trial Court's decision to grant a temporary injunction based on the principles of prima facie case, balance of convenience, and irreparable harm at the interlocutory stage.
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
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