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2025 Supreme(Online)(KAR) 7826

HIGH COURT OF KARNATAKA
H T NARENDRA PRASAD
SRI. BASAVARAJU – Appellant
Versus
SMT. PRABHAVATHI – Respondent


Petitioner Advocates:SRINIVAS V ,Respondent Advocate: HEGDE RAMAKRISHNA S

ORAL ORDER

This writ petition is filed by defendant No.2 under Article 227 of the Constitution of India challenging the order dated 30.03.2024 passed by the I Appellate Court in MA No.2/2024, whereby the order passed by the trial court in O.S.No.17/2020 on IA filed by the plaintiff under Order XXXIX Rules 1 and 2 has been confirmed.

2. The plaintiff filed a suit for partition and separate possession. Along with the plaint, he filed IA under Order XXXIX Rules 1 and 2 of CPC, seeking temporary injunction restraining the defendants and its agents not to change the nature of the suit schedule property. The trial court, by an order dated 06.02.2024, allowed the application. Being aggrieved by the same, petitioner herein filed an appeal before the Senior Civil Judge, Srirangapatna in M.A.No.2/2024 and the same came to be dismissed by order dated 30.03.2024. Being aggrieved by the same, petitioner is before this Court.

3. This Court, at the time of admission, on

05.06.2024, passed the following order:

“Learned counsel for the petitioner is present.

Learned counsel for the caveator is absent. Issue emergent notice to the respondents.

There shall be stay of the impugned order dated 06.02.2024 pas

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