Karnataka High Court
Smt. Channawwa W/O. Basavantappa Koli vs Smt. Shivakka W/O. Arju Koli on 12 August, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC-D:11495
WP No. 103833 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
WRIT PETITION NO. 103833 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. CHANNAWWA W/O. BASAVANTAPPA KOLI,
AGE: 50 YEARS, OCC: HOUSEWIFE,
R/O. AMMINABHAVI,
TQ: AND DIST: DHARWAD-580201.
2. SHRI. BASAVANNEPPA @ BASAVANTAPPA
S/O. BASAPPA KOLI,
AGE: 55 YEARS, OCC: AGRICULTURAL,
R/O. AMMINABHAVI,
TQ: AND DIST: DHARWAD-580201.
3. SHRI. SIDDAPPA S/O. BASAVANNEPPA @
BASAVANTAPPA KOLI,
AGE: 30 YEARS, OCC: AGRICULTURAL,
R/O. AMMINABHAVI,
TQ: AND DIST: DHARWAD-580201.
...PETITIONERS
(BY SRI. I.Y. PATIL, ADVOCATE)
AND:
Digitally signed
by SAROJA
HANGARAKI
Location: HIGH
SMT. SHIVAKKA W/O. ARJU KOLI,
SAROJA COURT OF
HANGARAKI KARNATAKA
DHARWAD AGE: 45 YEARS, OCC: HOUSEWIFE,
BENCH
Date:
2024.08.14
11:26:01 +0530
R/O. AMMINABHAVI,
TQ: AND DIST: DHARWAD-580201.
...RESPONDENT
(RESPONDENT SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 28/06/2024
PASSED BY THE IST ADDL. CIVIL JUDGE DHARWAD IN O.S. NO.
849/2023 ON I.A. UNDER SECTION 151 OF CPC DATED 20-3-2024
I.E. ANNEXURE-K AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC-D:11495
WP No. 103833 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
1. Heard the learned counsel for the petitioners.
2. This petition is filed praying to quash the order passed by the Trial Court in allowing the application filed under Section 151 of CPC in O.S.No.849/2023 vide Annexure-K.
3. The said application was filed by the plaintiff praying to direct the Inspector of Police, Rural Police Station, Dharwad to give assistance to implement the order of this Court dated the 11.01.2024. In support of the said application, an affidavit is sworn to stating that this Court has granted interim order restraining the defendants from obstructing the suit property as well as restrained them from obstructing the use and enjoyment of VPC No.1500 and its backyard by the plaintiff to repair and plaster the wall of the plaintiff's house. But, the defendants deliberately and dishonestly disobeying the -3- NC: 2024:KHC-D:11495 WP No. 103833 of 2024 order passed by this Court and continuing the obstruction over the suit property. On the other hand, the defendants filed objections and vehemently contended that as per the order passed by this Court, the plaintiff is not permitted to repair and plaster work by using defendants' property and this Court not directed the defendants to allow the plantiff to enter their property and this Court cannot grant such an order.
4. The Trial Court having considered the grounds urged in the application as well as the contention of the petitioners herein, comes to the conclusion that till today the order passed by this Court granting stay has not been challenged. Further the Trial Court noticed that this Court also has clearly passed an order restraining the defendants from causing any obstruction to repair and plaster the plaintiff's wall, till disposal of the suit. Therefore, the defendants have to adhere the order passed by this Court. Instead of that, the defendants are causing obstruction. The Trial Court also comes to the conclusion that if the -4- NC: 2024:KHC-D:11495 WP No. 103833 of 2024 application is rejected, the very purpose of granting the order of temporary injunction would be defeated and hence allowed the application and the Police Inspector of Rural Police Station, Dharwad was given direction to implement the order passed by this Court dated 11.01.2024.
5. The main contention of the petitioners before this Court is that the Trial Court has committed an error in allowing the application and the same is illegal and arbitrary. The counsel also vehemently contends that the Gram Panchayat not yet issued the completion certificate as also the Anubhog Praman Patra to the plaintiff and the same has not been considered by the Trial Court. The counsel also vehemently contends that the order impugned is erroneous and plaintiff has no right to open the window towards the eastern side because she has not left any space on the eastern side as per law and no such order ought to have been passed by the Trial Court. -5-
NC: 2024:KHC-D:11495 WP No. 103833 of 2024
6. Having heard the petitioners' counsel and also on perusal of the material and record, the Court already granted the relief of temporary injunction and counsel also would submit that he has filed an appeal and there was a delay and hence same has not been considered and the order was passed in the month of January 2024 and it was the specific case of the respondent/plaintiff before the Trial Court that the petitioners are causing obstruction in making repair work. The Trial Court has not committed any error in allowing the application in coming to the conclusion that if such protection is not given, it would defeat the very passing of an order of granting temporary injunction and hence I do not find any error committed by the Trial Court in allowing the application. Hence, I do not find any grounds to set aside the order passed by the Trial Court.
7. The grounds which have been urged before this Court could be urged before the First Appellate Court -6- NC: 2024:KHC-D:11495 WP No. 103833 of 2024 regarding the Trial Court has not considered the case of the petitioners and not in this writ petition.
8. In view of the discussions made above, I pass the following:
ORDER The writ petition is dismissed.
The finding given by this Court shall not influence the First Appellate Court/Trial Court.
Sd/-
(H.P.SANDESH) JUDGE SH CT-MCK List No.: 1 Sl No.: 72