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KARNATAKA HIGH COURT
RAMACHANDRA D. HUDDAR, J
DR. C. RAMESH – Appellant
Versus
SMT. C. BHAVANI @ HAMSA – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's injunction order. (Para 1 , 2) |
| 2. arguments against and in favor of injunction. (Para 3 , 4) |
| 3. trial court applied correct principles for injunction. (Para 7 , 8 , 9) |
| 4. validity of will requires trial; mutation does not confer title. (Para 10 , 11) |
| 5. final decision—dismissal of appeal and confirmation of injunction. (Para 12) |
CAV JUDGMENT
(PER: HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR) This Misc.First Appeal, is instituted by the appellant Dr.C.Ramesh, challenging the legality and correctness of the common order dated 16th April 2024 passed by the 8th Addl.CCH, Bengaluru in OS No.2845/2018. The said order arose out of the interlocutory applications filed by the parties during the pendency of the partition suit. By the impugned order, the learned trial Court allowed I.A. Nos.1 and 2 filed by respondent no.1, Smt.C.Bhavani alias Hamsa under Order 39 Rule 1 and 2 of CPC and consequently, granted temporary injunction restraining the defendants therein from alienating suit schedule `A'
properties and from receiving compensation or sites allotted by the BDA in relation to the acquired Schedule `B' properties. In the same breadth, the trial Court
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