Back
WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3360 OF 2023 (GM-CPC)
C/W WRIT PETITION Nos. 3375 OF 2023, 3379 OF 2023, 3380 OF 2023, 3381 OF 2023, 3382 OF 2023 and 3383 OF 2023 (GM-CPC)
IN W.P.No. 3360/2023 BETWEEN:
SRI MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA HILLS, HANUR TALUK, CHAMARAJNAGAR DISTRICT 571490 REP BY ITS SECRETARY SMT KATHYAYANI DEVI, Digitally signed by VANDANA S KAS SENIOR SCALE Location: Hig h …PETITIONER Court of Karnataka (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
1. SRI GOVINDARAJU S/O KRISHNAPPA, AGED ABOUT 43 YEARS, 2. SRI CHINNARAJU S/O LATE ERAIAH, AGED ABOUT 63 YEARS, WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 3. SMT MUTHAMMA W/O P MADHESH AGED ABOUT 43 YEARS, R1 TO R3 ARE R/AT MM HILLS GRAMA, RAMANAGARA HOBLI, HANUR TALUK, CHAMARAJANAGAR DISTRICT 571490
4. ASSISTANT ENGINEER CHAMARAJANAGAR ELECTRICITY BOARD, MM HILLS, HANUR TALUK, CHAMARAJANAGAR 571490 …RESPONDENTS (BY SRI. K.GIRISH, ADVOCATE FOR C/R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTIO OF INDIA PRAYING TO SET ASIDE THE ORDER OF SENIOR CIVIL JUDGE AND 1ST GRADE ADDITIONAL JMFC, KOLLEGAL, IN M.A.NO.1/22 DATED 03/02/2023 VIDE ANENXURE-G AND THE ORDER MADE ON I.A.NO.7 PASSED ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, KOLLEGAL IN O.S. NO. 251/2019 DATED 03/01/2022 VIDE ANNEXURE-F AND ETC.
IN W.P.No. 3375/2023 BETWEEN:
SRI MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA HILLS, HANUR TALUK, CHAMARAJNAGAR DISTRICT 571490 REP BY ITS SECRETARY SMT KATHYAYANI DEVI, KAS SENIOR SCALE …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 AND:
SRI C.SIDDU S/O. GEMINI SHETTY AGED ABOUT 54 YEARS RESIDING AT GURUNAGAR MM HILLS GRAMA RAMANAGARA HOBLI HANUR TALUK, CHAMARAJANAGAR-571490 …RESPONDENT (BY SRI. P.N.PRASHANTH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF SENIOR CIVIL JUDGE AND 1ST GRADE ADDITIONAL JMFC, KOLLEGAL, IN M.A.NO.3/22 DATED 03/02/2023 VIDE ANENXURE-G AND THE ORDER MADE ON I.A.NO.8 PASSED ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KOLLEGAL IN O.S. NO. 238/2019 DATED 03/01/2022 VIDE ANNEXURE-F AND ETC.
IN W.P.No. 3379/2023 BETWEEN:
SRI MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA HILLS, HANUR TALUK, CHAMARAJNAGAR DISTRICT 571490 REP BY ITS SECRETARY SMT KATHYAYANI DEVI, KAS SENIOR SCALE …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
1. SMT NAGAMMA ALIAS NAGARAJAMMA C/O T MADAPPA, AGED ABOUT 52 YEARS WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023
2. SRI DEVARAJU S/O RANGASHETTY, AGED ABOUT 42 YEARS
3. SRI.GOVINDARAJU S/O PERUMAL SHETTY, AGED ABOUT 52 YEARS
4. SMT. HAMSA D/O PALANISWAMY, AGED ABOUT 39 YEARS
5. SRI.MOHANA S/O OBALESH SHETTY, AGED ABOUT 38 YEARS
6. SRI.SATYAMURTHY S/O RAJAMANICKAM, AGED ABOUT 32 YEARS 7. SMT. MUTHAMMA D/O RAMANNA, AGED ABOUT 47 YEARS 8. SRI. BASAVARAJU S/O MADHAIAH, AGED ABOUT 52 YEARS
9. SRI.MUTHAIAH S/O ANKAPPA, AGED ABOUT 47 YEARS
10. SRI. SIDDANNA SHETTY S/O MARIMUTHU SHETTY, AGED ABOUT 62 YEARS, WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 ALL ARE R/AT M M HILLS GRAMA, RAMANAGARA HOBLI, HANUR TALUK, CHAMARAJANAGAR DISTRICT-571490 …RESPONDENTS (BY SRI. K.GIRISH, ADVOCATE FOR C/R1, R2 AND R4 TO R10)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF SENIOR CIVIL JUDGE AND 1ST GRADE ADDITIONAL JMFC, KOLLEGAL, IN M.A.NO.7/2022 DATED 03/02/2023 VIDE ANENXURE-F AND THE ORDER MADE ON I.A.NO.8 PASSED ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KOLLEGAL IN O.S. NO. 247/2019 DATED 03/01/2022 VIDE ANNEXURE-E AND ETC.
IN W.P.No. 3380/2023 BETWEEN:
SRI MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA HILLS, HANUR TALUK, CHAMARAJNAGAR DISTRICT 571490 REP BY ITS SECRETARY SMT KATHYAYANI DEVI, KAS SENIOR SCALE …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
SRI THAMMANNI S/O CHINNASWAMY SHETTY AGED ABOUT 33 YEARS, RESIDING AT PUDURU VILLAGE, MM HILLS GRAMA, RAMANAGARA HOBLI, WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 HANUR TALUK, CHAMARAJANAGAR DISTRICT 571490 …RESPONDENT (BY SRI. P.N.PRASHANTH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF SENIOR CIVIL JUDGE AND 1ST GRADE ADDITIONAL JMFC, KOLLEGAL, IN M.A.NO.4/2022 DATED 03/02/2023 VIDE ANENXURE-G AND THE ORDER MADE ON I.A.NO.8 PASSED ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KOLLEGAL IN O.S. NO. 236/2019 DATED 03/01/2022 VIDE ANNEXURE-F AND ETC.
IN W.P.No. 3381/2023 BETWEEN:
SRI MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA HILLS, HANUR TALUK, CHAMARAJNAGAR DISTRICT 571490 REP BY ITS SECRETARY SMT KATHYAYANI DEVI, KAS SENIOR SCALE …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
SRI D.R. MADESH S/O LATE DEVAIAH, AGED ABOUT 52 YEARS, RESIDING AT GURUNAGAR, MM HILLS GRAMA, RAMANAGARA HOBLI, HANUR TALUK, CHAMARAJANAGAR DISTRICT 571490 …RESPONDENT (BY SRI. P.N.PRASHANTH, ADVOCATE)
WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF SENIOR CIVIL JUDGE AND 1ST GRADE ADDITIONAL JMFC, KOLLEGAL, IN M.A.NO.2/2022 DATED 03/02/2023 VIDE ANENXURE-G AND THE ORDER MADE ON I.A.NO.8 PASSED ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, KOLLEGAL IN O.S. NO. 239/2019 DATED 03/01/2022 VIDE ANNEXURE-F AND ETC.
IN W.P.No. 3382/2023 BETWEEN:
SRI MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA HILLS, HANUR TALUK, CHAMARAJNAGAR DISTRICT 571490 REP BY ITS SECRETARY SMT KATHYAYANI DEVI, KAS SENIOR SCALE …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
SRI. M. SHIVAMURTHY S/O SIMI MADAIAH, AGED ABOUT 40 YEARS, RESIDING AT MM HILLS GRAMA, RAMANAGARA HOBLI, HANUR TALUK, CHAMARAJANAGAR DISTRICT 571490 …RESPONDENT (BY SRI. M.K.GIRISH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF SENIOR CIVIL JUDGE AND 1ST GRADE ADDITIONAL JMFC, KOLLEGAL, IN M.A.NO.5/2022 DATED 03/02/2023 VIDE ANENXURE-G AND THE ORDER MADE ON I.A.NO.8 ON THE FILE OF THE CIVIL JUDGE (JUNIOR DIVISION), WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 KOLLEGAL IN O.S. NO. 237/2019 DATED 03/01/2022 VIDE ANNEXURE-F AND ETC.
IN W.P.No. 3383/2023 BETWEEN:
SRI MALAI MAHADESHWARA SWAMY KSHETHRA DEVELOPMENT AUTHORITY MAHADESHWARA HILLS, HANUR TALUK, CHAMARAJNAGAR DISTRICT 571490 REP BY ITS SECRETARY SMT KATHYAYANI DEVI, KAS SENIOR SCALE …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
AND:
SRI SHIVASHANKAR S/O LATE RAVI, AGED ABOUT 26 YEARS, RESIDING AT BASAVESHWARA VADDU, MM HILLS GRAMA RAMANANGARA HOBLI, HANUR TALUK CHAMARAJANAGAR DISTRICT 571 490 …RESPONDENT (BY SRI. M.K.GIRISH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF SENIOR CIVIL JUDGE AND 1ST GRADE ADDITIONAL JMFC, KOLLEGAL, IN M.A.NO.6/2022 DATED 03/02/2023 VIDE ANENXURE-G AND THE ORDER MADE ON I.A.NO.6 ON THE FILE OF THE CIVIL JUDGE (JUNIOR DIVISION), KOLLEGAL IN O.S. NO. 271/2019 DATED 03/01/2022 VIDE ANNEXURE-F AND ETC.
WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Since common questions of law and fact arise for consideration in all these petitions, they are taken up together and disposed of by this common order.
2. The petitioner who is the Secretary of Sri.Malai Mahadeshwara Swamy Kshetra is the 1st defendant in the various suits viz., O.S.No.251/2019 and connected matters filed by the contesting private respondents herein who are the plaintiffs before the trial court for permanent injunction and other reliefs in relation to the suit schedule immovable properties. The plaintiffs contended that they were in lawful and peaceful possession and enjoyment of their respective premises and since the petitioner attempted to dispossess them without following due process of law, they filed the instant suits against the petitioner, who is contesting the suits.
WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023
3. During the pendency of the suits, the plaintiffs filed applications for temporary mandatory injunction directing the petitioner – 1st defendant to open the lock put on the suit schedule premises pending disposal of the suits. The said applications having been opposed by the petitioner, the trial court proceeded to passed an order dated 03.01.2022 allowing the applications filed by the plaintiffs. Aggrieved by the said order, the petitioner filed appeals, which were also rejected by the first appellate court, which confirmed the order of the trial court directing the petitioner to open / remove the lock put on the suit schedule premises. Aggrieved by the impugned orders passed by the trial court as well as the first appellate court, the petitioner is before this Court by way of the present petition.
4. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
5. A perusal of the material on record including the impugned order will indicate that both the trial court and first appellate court have taken note of the rival contentions, in WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023 particular, the admission of the petitioner – 1st defendant that the plaintiffs were in actual and physical possession and enjoyment of their respective premises. Both the courts have also noticed that after having admitted the possession of the plaintiffs, the petitioner contends that the plaintiffs were in unauthorized occupation of their respective premises as their lease period had come an end and they were not paying rents. Under these circumstances, both the courts came to the conclusion that the petitioner was not entitled to use extra judicial methods to attempt to dispossess the plaintiffs from the suit schedule premises by putting a lock which was impermissible in law warranting issuance of temporary mandatory injunction in favour of the plaintiffs against the defendants. Both the courts also found that since the petitioner had illegally and highhandedly put a lock on the suit schedule premises without following due process of law by evicting the plaintiffs in a manner known to law that too during the pendency of the suits, it was a fit case to exercise its extraordinary jurisdiction and discretion to issue a temporary mandatory injunction against the petitioner by directing removal of the lock.
WP No. 3379 of 2023 WP No. 3380 of 2023 WP No. 3381 of 2023 WP No. 3382 of 2023 WP No. 3383 of 2023
6. In my considered opinion, the impugned orders passed by the trial court and the first appellate court are in complete and total consonance and conformity with the principles relating to attempts on the part of the parties to resort to extra judicial / forcible dispossession without following due process of law which is impermissible and prohibited as held by the Apex Court in the case of State of U.P. vs. Maharaja Dharmander Prasad Singh – AIR 1989 SC 997 and the judgment of this Court in the case of M/s.Patil Exhibitors Pvt. Ltd., vs. Corporation of Ci
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
