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2025 Supreme(Kar) 1306

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
K.M. Thippeswamy S/o Late Muregappa – Appellant
Versus
Rajappa S/o Kallalppa – Respondent


Advocates Appeared:
For the Appellant : Kantharajappa M.G.
For the Respondent: K. Murthy

ORDER :

1. The petitioner is before this Court calling in question an order of the First Appellate Court, which confirms the order of grant of an injunction under Order XXXIX Rules 1 and 2 of the CPC in favour of the defendant.

2. Heard the learned counsel Sri.Kantharajappa M.G., appearing for the petitioners and the learned counsel Sri.K.Murthy, appearing for respondent No.1.

3. Facts in brief, germane, are as follows:

A suit for injunction is instituted by the petitioners in O.S.No.495/2022, in which, a counterclaim is also registered. The suit, in which, the petitioner institutes, an application is filed under Order XXXIX Rules 1 and 2 of the CPC, which is not granted. The defendant also had filed identical application in the counterclaim that was so registered. Qua the counterclaim schedule property, injunction was granted. This is challenged by the petitioners-plaintiffs before the First Appellate Court. the First Appellate Court rejects the same.

4. Learned counsel appearing for the petitioners is before the Court calling in question the order of the Trial Court and that of the First Appellate Court granting injunction in favour of defendant qua the suit schedule property.

5. Learn

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