HIGH COURT OF KARNATAKA
HANCHATE SANJEEVKUMAR J
SRI MANOHAR NINGAPPA YALIGOD – Appellant
Versus
SRI SHASHIKANT NINGAPPA YALIGOD SINCE DECEASED BY HIS LRS – Respondent
MFA 100072 of 2021
| Table of Content |
|---|
| 1. temporary injunction granted to maintain land's agricultural status during litigation. (Para 1 , 2 , 3) |
| 2. court affirmed trial court's decision to maintain status quo to facilitate just adjudication. (Para 4) |
| 3. dismissing appeal while requiring expeditious resolution of the underlying suit. (Para 5 , 6) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by defendant No.1 questioning the order dated 02.01.2021, passed on I.A.No.XIV in O.S.No.13/2013, by the Senior Civil Judge, Ramdurg.
2. The suit is filed for partition and separate possession. In the said suit the application filed by the plaintiffs under Order 39 Rule 1 and 2 of CPC was allowed, thereby granting an order of temporary injunction restraining defendant No.1/appellant from converting the suit schedule property. The said order is challenged in this appeal.
3. In this appeal, there is no interim order granted by this Court staying the impugned order. The interim order of temporary injunction is with regard to restraining defendant No.1 from converting the suit property into non agricultural land.
4. There is no infirmity found in the order passed by granting temporary injunction. The suit of the parties has to be adjudicated with regard to whatever quantum of shares to be given to the parties. Therefore the trial Court is found to be correct in granting the order of temporary injunction not to change the nature of suit schedule property. Therefore, the appeal is liable to be dismissed. Accordingly the appeal is dismissed.
5. However the trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order.
6. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration.
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