Mr. Manjunath vs Mr. Chandrahasa and Others

A.N. Venugopala Gowda, J.—Plaintiff is the petitioner. Defendants are the respondents. Suit is for relief of permanent injunction restraining the defendants from interfering with the possession and enjoyment of the schedule property and to restrain them from obstructing Rayagaluve i.e., water flowing halla by either closing it or erecting walls to it. Written statement has been filed and the suit claim has been contested.

Plaintiff had filed application for an order of temporary injunction. Ad-interim ex parte temporary injunction was granted. However, taking into consideration the objections filed and the written statement, the order of injunction was discontinued and the application was dismissed. Aggrieved, the plaintiff filed appeal before the Court below. The Court below has found no merit in the appeal and has dismissed the same. These writ petitions are directed against the said order/judgment.

It is unnecessary for me to go into the merit of the matter, in view of the agreement arrived at between the learned Counsel appearing for the parties, to maintain status-quo of the water channel, which the plaintiff claims to be the Rayagaluve and the defendant contends that, it is only a holla. Let there would not be any construction on either of the so called Rayagaluve/water channel/hallo. till the suit is tried and decided by the trial Court. Both the parties shall maintain status-quo with regard to the said portion of the property, till the trial and disposal of the suit in accordance with law.

The pleadings are complete and issues have been struck by the trial Court. The plaintiff shall file affidavit evidence in the trial Court on or before 06.09.2010, to which date the suit shall be taken on board by the trial Court. The plaintiff shall be cross-examined by the defendants and the cross-examination be completed before 13.09.2010. The plaintiff shall adduce further evidence if any, before 30.09.2010. The defendants shall complete their side of evidence before 30.10.2010. The suit shall be posted at regular intervals in between by the trial Court for the purpose of holding and completion of the trial. The trial Court shall hear the arguments and dispose of the suit as expeditiously as possible and at any event on or before 18.12.2010.

Writ petitions stand disposed of accordingly.