High Court’s Order on Injunction Challenged – Supreme Court Remands Case for Fresh Hearing
The legal battle between Shri Revansiddeshwar Pattan Sahakari Bank Niyamit and Taluka Tokrekoli (Ambiga Samaji C Vikas Sangh Indi) reached a significant turn when the Supreme Court reviewed the High Court of Karnataka’s decision in a property dispute. The matter, which originated in a civil suit, saw both parties seeking injunctions against each other. The appeal, filed by the appellant (Shri Revansiddeshwar Pattan Sahakari Bank Niyamit), challenged the High Court’s partial grant of injunction in favor of both parties.
Background of the Case
The dispute centers around property rights in Indi, Karnataka. The plaintiff (Taluka Tokrekoli) filed a civil suit against the Deputy Commissioner, Bijapur, and Shri Revansiddeshwar Pattan Sahakari Bank Niyamit. The primary relief sought was a declaration and injunction over the disputed land.
In the trial court, both parties filed injunction applications under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. However, the trial court dismissed both applications. The appellant (defendant no. 2) then filed an appeal, which was allowed by the Senior Civil Judge & JMFC, Indi. The appellate court granted an injunction in favor of the appellant, restraining the plaintiff from obstructing construction on the disputed property.
High Court’s Decision
The plaintiff challenged this decision in the High Court, which partly allowed the writ petition. The High Court confirmed the injunction granted to the appellant but also granted an injunction to the plaintiff, restraining the appellant from interfering in the plaintiff’s possession of a separate part of the property. The order created a legal inconsistency, as both parties were granted injunctions over overlapping claims.
Supreme Court’s Ruling
Reviewing the matter, the Supreme Court found the High Court’s decision legally unsustainable due to its contradictory nature. The Court highlighted that the plaintiff had not originally appealed against the dismissal of their injunction application by the trial court. As a result, the High Court had no basis to revive the plaintiff’s injunction request in the writ petition.
The Supreme Court observed:
“The High Court neither examined the facts of the case properly nor addressed the legal questions arising in the matter.”
Accordingly, the Supreme Court set aside the High Court’s order and remanded the case for fresh adjudication on its merits.
Conclusion
This case underscores the importance of procedural consistency in appellate jurisdiction. By remanding the case, the Supreme Court has ensured that legal principles governing injunctions are applied fairly and consistently.
Petitioner Name: Shri Revansiddeshwar Pattan Sahakari Bank Niyamit.Respondent Name: Taluka Tokrekoli (Ambiga Samaji C Vikas Sangh Indi).Judgment By: Justice Abhay Manohar Sapre, Justice Dinesh Maheshwari.Place Of Incident: Indi, Karnataka.Judgment Date: 25-02-2019.
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