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
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 dismissed I.A.No.IV filed by the appellant under Order 39 Rule 4 of CPC which sought to vacate the interim order of status quo previously passed.
3. The learned counsel for the appellant would further submit that, the plaintiff has deliberately suppressed critical material facts such as the existence of the Will and the legal status of the suit schedule properties which are no longer classified as agricultural lands especially in view of their acquisition by the BDA. He would further contend that, such a suppression of facts disentitles the plaintiff from securing discretionary reliefs in the form of injunctions. He would further contend that, th
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