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KARNATAKA HIGH COURT
MR. UMESH M ADIGA, J
SHRI. BALASAHEB S/O. PARASHURAM SHEDAKE – Appellant
Versus
SHRI. KALLAPPA S/O. GUNDU SHARABIDRI – Respondent
| Table of Content |
|---|
| 1. the appeals arise from a common order challenging the temporary injunction. (Para 1 , 2 , 3) |
| 2. plaintiff claims ownership via a will, defendants contest this. (Para 4 , 5) |
| 3. court considers evidence of possession and equity. (Para 6 , 11) |
| 4. court evaluates the trial judge's decision on injunctions. (Para 8 , 9) |
| 5. final ruling increases status quo preservation for property. (Para 12 , 13 , 14) |
ORAL JUDGMENT
1. Both these appeals arise out of a common order dated 20.02.2024 passed by the learned Prl. Senior Civil Judge and CJM, Dharwad in O.S. No.354/2022. The plaintiff filed I.A. No.1 under Order 39 Rule 1 and 2 of CPC seeking an ad-interim relief of temporary injunction to restrain the defendants from alienating the suit property bearing Sy.No.510 measuring 3 acres 1 gunta, situated in Garag Village, Dharwad District. Further, the plaintiff filed I.A. No.4 under Order 39 Rule 1 and 2 of CPC, seeking an ad-interim relief of temporary injunction to restrain the defendants from interfering with their peaceful possession and enjoyment of the suit property.
3. It is the case of the plaintiff that his maternal uncle, one Gundu Sharabidri executed a Will in his favour on 0
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