HIGH COURT OF KARNATAKA
C.M. POONACHA, J
SHRI.KRISHNA LAXMAN HOSAMANI – Appellant
Versus
SMT.SHUBHANGI DIGGAMBAR KOWADKAR – Respondent
| Table of Content |
|---|
| 1. plaintiff's suit details (Para 2) |
| 2. defendants' applications for injunction (Para 3) |
| 3. trial court's findings (Para 4) |
| 4. dismissal of interim applications (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 5. expedited trial order (Para 11) |
| 6. discretionary relief principles (Para 12) |
ORAL ORDER
The present petition is filed by defendant Nos.7 to 24 seeking the following reliefs:
b) Pass any other as this Hon’bel Court deems fit on the facts circumstances of the case.”
“A) A DECREE for permanent injunction restraining the defendants, their agents, servants, henchmen or any person or persons acting or purporting to act on their behalf from making illegal construction and thereby interfering with the plaintiff’s actual, physical possession, occupation and enjoyment of the suit property.
B) A DECREE awarding costs of this suit to the plaintiff from the defendants.
D) AN ORDER granting permission to amend the plaint if found necessary.”
4. The Trial Court while considering the said applications vide its order dated 03.11.2014 has recorded the following findings:
Hence, I answer these two points in the Negative.
(emphasis supplied)
“ORDER
The order passed by the trial court on I.A.No.29 and 31 are con
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