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2025 Supreme(Online)(Kar) 24376

KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
SMT. NALINI CHETTUR – Appellant
Versus
SRI H J SIWANI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. JAYAKUMAR S. PATIL, SR. COUNSEL FOR SRI. SHRAVAN MADHAV K.P
For the Respondents: SRI. VIKRAM A. HUILGOL, SR. COUNSEL FOR SRI. SYED KHAMRUDDIN

Table of Content
1. court's initial stance on the merits of the challenge. (Para 1)
2. analysis of legal rights regarding maintainability in suit. (Para 2 , 3 , 6)
3. arguments regarding the framing and necessity of issues. (Para 5)
4. final orders and sustenance of prior decisions. (Para 7)

ORAL ORDER

The petitioner is before this court calling in question an order dated 11.06.2025 rejecting the application filed by the petitioner under Order XIV Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 ('the CPC' for short) seeking additional issue to be framed.

2.Heard Shri Jayakumar S. Patil, learned Senior counsel for Shri Shravan Madhav K.P., learned counsel appearing for the petitioner and Shri Vikram A. Huilgol, learned Senior counsel for Shri Syed Khamruddin learned counsel appearing for respondents No.1 and 2.

3. The Petitioner is the defendant, the respondents, the plaintiffs. The plaintiffs institutes a suit for bare injunction. In the said suit, several proceedings sprang against an order of injunction being granted. The present petitioner approaches this court in MFA.No.2033/2021 and connected cases, which comes to be disposed by an order of the co-ordinate bench date

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