LAWS(KAR)-2016-1-293

GANGU Vs. GOGTE TEXTILES LIMITED

Decided On January 29, 2016
GANGU Appellant
V/S
Gogte Textiles Limited Respondents

JUDGEMENT

(1.) Petitioner is the plaintiff in O.S. No. 417 of 2003. The said suit has been filed seeking partition and separate possession of the suit schedule properties.

(2.) An application was filed by her seeking an order of temporary injunction against defendant 12-Gogte Textiles Limited, alleging that defendant 12 was trying to alter the nature of the property by putting up construction. A restraint order was sought preventing defendant 12 from altering the nature of the property.

(3.) This application was resisted contending inter alia that defendant 12 had purchased the property under a lease-cum-sale agreement executed by defendant 11-Karnataka Industrial Area Development Board (for short, 'KIADB'). It was also urged that the said property had been duly acquired by the State for the benefit of the KIADB and the KIADB, in turn, allotted the application schedule property in favour of defendant 12. It was urged that a registered sale deed was executed by the KIADB in favour of defendant 12.