KOLLI RAVINDRANATHREDDY Vs. PARAMESHWARAPPA JANNU

JUDGEMENT

(1.) The petitioner, Mr. Kolli Ravindranathreddy, has challenged the legality of the order dated 18.11.2015, passed by the Principal Civil Judge at Sindhnur, whereby the learned Civil Judge has allowed the application filed by the respondents under Section 151 of CPC, and has dismissed the application filed by the petitioner under Order XXXIX Rule 2-A CPC.

(2.) Although this case has a checkered history, but in order to understand the controversy, which has been brought by the parties before this Court, in the present writ petition, it is not necessary to deal with the entire history of the case. Suffice it to say, that the petitioner had filed a civil suit for partition and mandatory injunction against the father of respondent Nos.1 to 5, namely Mr.Parameshwarappa Jannu, who died during the pendency of the civil suit. Subsequently, his legal representatives were taken on record as defendants Nos.2(A) to 2(E), and are arrayed as respondent Nos.1 to 5 before this Court. During the course of the trial, on 25.05.2003, the original defendant Mr. Parameshwarappa, gave a written undertaking before the Court that he shall not raise any construction over the suit property. The said undertaking was duly recorded by the learned trial court. However, subsequently according to the petitioner, the said undertaking was violated by the respondents. Therefore, the petitioner filed an application under Order XXXIX Rule 2-A CPC against the respondents.

(3.) The respondents, in turn, filed their objections. Thereafter, the learned trial court held an enquiry where both the petitioner and respondents submitted their respective evidence. By order dated 06.02.2006, the learned trial court concluded that the undertaking has been violated by the respondents. Thus, the learned trial Court passed a punishment order.