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KARNATAKA HIGH COURT
HANCHATE SANJEEVKUMAR, J
SMT. SUJATA W/O MRUTYUNJAYA SARANGHMATH – Appellant
Versus
SMT. MAHADEVAKKA W/O KUMARASWAMY CHOUKHIMATH @ JALIHAL – Respondent
| Table of Content |
|---|
| 1. introduction of the appeal and context. (Para 1 , 2) |
| 2. defendant's claims and reasoning against temporary injunction. (Para 3 , 4 , 5 , 6) |
| 3. court's reasoning on the dismissal of blanket injunction. (Para 7 , 8) |
| 4. court's final order and instructions for future conduct. (Para 9 , 10) |
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) 1. This appeal is filed by the defendant No.6 under Order XLIII Rule 1 read with Section 104 of Code of Civil Procedure , 1908 (for short ‘CPC’) challenging the order dated 14.03.2025 passed in I.A.No.IV filed under Order XXXIX Rules 1 and 2 of the CPC in O.S.No.77/2022 by the learned Senior Civil Judge and JMFC, Ron (hereinafter referred to as the ‘Trial Court’). By the said order, the Trial Court allowed the application and restrained the appellant/defendant No.6 from constructing or installing a petrol bunk in the suit schedule property bearing R.S.
No.109/6, until disposal of the suit.
2. The appellant/defendant No.6 is a purchaser of one acre of land in R.S.No.109/6 of suit scheduled property from defendant No.4, under a registered sale deed.
3. The appellant submitted that the original suit is filed for partition
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