MUTTAPPA Vs. BHEEMAPPA

JUDGEMENT

(1.) The captioned writ petition is filed by 1st defendant feeling aggrieved by the divergent order of the Courts below, wherein the Appellate Court has allowed the appeal filed by the plaintiff and has granted injunction in favour of the respondent/plaintiff. The 1st defendant is before this Court questioning the order passed by the Appellate Court in Miscellaneous Appeal No.1/2020 on the file of Additional Senior Civil Judge, Haveri, granting injunction against the present petitioner.

(2.) The respondent/plaintiff has instituted a bare suit for injunction in O.S.No.162/2020, on the file of learned Principal Civil Judge and JMFC, Haveri and an application is filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure seeking injunction. The trial Court referring to prima-facie material evidence found that respondent/plaintiff has suppressed the partition suit filed by petitioner in O.S.No.522/2019. Therefore, declined to grant injunction.

(3.) The Appellate Court however placing reliance on the judgment of Hon'ble Apex Court rendered in the case of Sunkamma (D) by Lrs Vs S.Pushparaj (D) by Lrs reported in 2018 SAR (Civil) 208, was of the view that it is only factum of possession that requires to be examined in a injunction suit. Referring to prima-facie material, the Appellate Court has granted the injunction.