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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. common order in appeals regarding temporary injunction. (Para 1 , 2) |
| 2. claim to property via will and responses from defendants. (Para 3 , 4) |
| 3. consideration for injunction based on established rights. (Para 5 , 9 , 10 , 12 , 13) |
| 4. determining the correctness of trial court's decision. (Para 7 , 8) |
| 5. final orders of the appellate court regarding injunction. (Para 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 09.02.2008, bequeathing the
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