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2024 Supreme(Online)(KAR) 36901

HIGH COURT OF KARNATAKA
C.M. POONACHA, J
SMT. NAGAVENI W/O NAGESH NAIK – Appellant
Versus
SHRIKANT S/O MAHABALESHWAR KANCHAGAR – Respondent


Petitioner Advocates:S C HIREMATH ,Respondent Advocate:

Table of Content
1. plaintiff filed a suit for injunction (Para 2)
2. defendant contending that the plaintiff (Para 4 , 5)
3. trial court while considering i.a no.6 (Para 6)
4. the petitioner has not placed any material (Para 7 , 8)
5. the order dated 29.05.2024 (Para 9)
6. the present writ petition is dismissed (Para 10)

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE C.M. POONACHA)

The present writ petition is filed by the defendant challenging the order dated 29.05.2024, passed on I.A No.6 under Order 16 Rule 6 R/w Section 151 of the Code of Civil Procedure , 1908 Hereinafter referred to as the ‘CPC’ in O.S No.342/2021 by the II Additional Civil Judge and JMFC, Dharwad Hereinafter referred to as the ‘Trial Court’.

2. The relevant facts leading to the present writ petition are that the respondent/plaintiff filed a suit for injunction not to obstruct the plaintiff’s peaceful possession and enjoyment of the suit property. It is the case of the plaintiff that the husband of the defendant filed a suit in O.S No.377/2002, wherein, it was claimed that there was an encroachment by the plaintiff who was constructing a building in the neighboring property. The said suit in O.S No.377/2002 was dismissed h

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