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2023 Supreme(Online)(KAR) 3079

HIGH COURT OF KARNATAKA
RAVI V.HOSMANI
MANIGENEPPA S/O DUNDAPPA HUDED – Appellant
Versus
VITTAL S/O SIDDAPPA HUDED – Respondent


Challenging order dated 15.12.2022 passed by

Principal Senior Civil Judge an JMFC, Mudhol, in OS

no.171/2021, this appeal is filed.

Appellants

herein

were

plaintiffs

while

respondents here were defendants respectively in

original suit.

OS

no.171/2021

was

filed

for

decree

declaring plaintiffs as joint owners of suit schedule ‘B’

properties and for permanent injunction, restraining

defendants from obstructing or disturbing peaceful

possession and enjoyment of suit properties.

In said suit, plaintiffs filed IA no.4 for

temporary injunction restraining defendant no.1 or any

other

person

authorsied

by

him

from

receiving

compensation amount which would be released from

SLAO, UKP, Jamkhandi, in view of submergence of

- 4 -

portion of suit properties i.e. RS nos.51/1, 51/2 of

Budni K.D., taluk Mudhol during pendency of suit.

In affidavit filed in support of application, it

was stated that after filing of suit, suit lands were

acquired by SLAO, Jamkhandi, for UKP project and

there

was

likelihood

of

defendants

receiving

compensation amount without knowledge of plaintiffs

and if interim injunction were not granted, plaintiff

would suffer irreparable loss and injury and same

would also

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