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2025 Supreme(Online)(Kar) 20013

KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
ISHWARGOUDA S/O RENUKAGOUDA PATIL – Appellant
Versus
RENUKANGOUDA S/O GOUDAPPAGODA PATIL – Respondent


Advocates:
For the Appellants/Petitioners: SMT. PADMAJA S. TADAPATRI, K.L. PATIL
For the Respondents: SRI. SHIVAPRASAD SHANTANAGOUDAR

Table of Content
1. plaintiff seeks share in ancestral properties. (Para 4 , 5)
2. trial court's grounds for denying injunction. (Para 6 , 10)

ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by the plaintiff, questioning the order dated 17.12.2024, passed by the Senior Civil Judge and JMFC, Ron, in O.S.No.438/2023, on I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC, thereby, the prayer for the relief of temporary injunction is dismissed.

3. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the trial Court.

5. Further, the plaintiff pleaded that the defendant No.3, his wife along with minor children have entered into agreement of sale dated 05.04.2023 in respect of 01 acre of land in Sy.No.484/1+2 out of total extent of 05 acres 27 guntas. Further, defendant No.3, his wife along with minor children have executed an agreement of lease for 04 acres 15 guntas in the said land. Therefore, pleaded that when the plaintiff is having inherent right of share of 1/4th in the suit schedule properties, therefore, filed a suit for partition and also filed an application for temporary injuncti

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