HANUMANTHAPPA Vs. B.K. MUKKANNA

JUDGEMENT

(1.) DEFENDANTS in O.S. No. 398/2011 pending on the file of the First Additional Civil Judge and JMFC, Bellary have come up in this writ petition impugning the order dated 18.07.2013 passed in M.A. No. 20/2012 in confirming the order on I.A. No. 2 passed in O.S. No. 398/2011. Admittedly, O.S. No. 398/2011 is filed by the respondent herein who is the plaintiff in the said suit which is filed for the relief of permanent injunction in respect of property bearing Sy.No. 34/B measuring to an extent of 5 acres 15 cents situated in Dammur Kaggal village of Bellary Taluk and District.

(2.) THE undisputed facts are that, the suit property was the property of Marur Karibasappa who is said to be having two sons namely, M. Hanumanthappa and M. Basanna. The plaintiff B.K. Mukkanna in O.S. No. 398/2011 is the grand son of one B.K. Hanumanthappa who is the son -in -law of M. Basanna i.e., M. Basanna's daughter B. Hanumakka is given in marriage to B.K. Hanumanthappa as his first wife. The said B.K. Hanumakka died intestate on 28.10.2003. It is stated that her husband predeceased her i.e., he died on 20.10.2001. Admittedly, as on the date when B.K. Hanumakka died she was a widow.

(3.) IT is seen that prior to the filing of O.S. No. 368/2011 by defendants in O.S. No. 368/2011, certain transactions have taken place and suits being filed and settlement being arrived at between the parties and each one of them staking claim to the said properties. However, when the suit in O.S. No. 398/2011 was filed for the relief of injunction by Mukkanna, the Court below on appreciation of the material available on record, proceeded to allow the application filed by him under Order 39 Rule 1 and 2 of CPC seeking an order of temporary injunction restraining the defendants namely the grand children of M. Hanumanthappa interfering with his peaceful possession and enjoyment of the suit schedule property, which was allowed and the same was the subject matter of M.A. No. 20/2012 on the file of the Senior Civil Judge, Bellary, wherein, the lower appellate Court on re -appreciation of the facts has confirmed the order of temporary injunction that was granted in the original suit. As against the concurrent findings of both the Courts below, this writ petition is filed impugning the order passed in M.A. No. 20/2012 in confirming the order of temporary injunction granted on I.A. No. 2 in O.S. No. 398/2011.