Karnataka High CourtCivil Procedure and EvidenceCivil Law

Karnataka HC Lifts Interim Land-Transfer Injunction Against Father-Son, Citing Plaintiff’s Omission Of An Acted-On 1958 Partition Deed

SRI.CHANDRAIAH,v.SRI.CHANNEGOWDA @ KARIYAPPA,

Karnataka HC Lifts Interim Land-Transfer Injunction Against Father-Son, Citing Plaintiff’s Omission Of An Acted-On 1958 Partition Deed. SRI.CHANDRAIAH, vs SRI.CHANNEGOWDA @ KARIYAPPA,. Karnataka High Court. LawLens
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In brief

The question

1. Whether the Courts below were justified in determining the identity of the suit schedule property by reference to the 1958 partition deed when that issue had not been pleaded or relied upon by the plaintiff.

The court held

The Court held that the impugned orders could not stand.

It also directed

It allowed the writ petition and set aside the Trial Court’s order dated 1 April 2025 on I.A. No. 1 in O.S. No. 481/2022 and the appellate order dated 29 October 2025 in M.A. No. 32/2025.

01Facts

The respondent filed O.S. No. 481/2022 concerning the suit schedule property, claiming it had been excluded from an oral partition, retained as joint family property and continued to be used jointly.

pp. 2–4

The petitioners relied on a registered partition deed dated 2 June 1958, which they contended allotted the property to Channiganna, the first petitioner’s father.

pp. 2–4

The Trial Court granted a temporary injunction restraining the petitioners from alienating or encumbering the property; the appellate court upheld that order.

pp. 2–4

The petitioners challenged both orders under Article 227 of the Constitution.

pp. 2–4

The High Court noted that the respondent’s son had purchased an item allotted under the 1958 deed by a sale deed dated 22 January 2016.

pp. 5–6

02Issues

i.1. Whether the Courts below were justified in determining the identity of the suit schedule property by reference to the 1958 partition deed when that issue had not been pleaded or relied upon by the plaintiff.

p. 5

ii.2. Whether the temporary injunction orders could stand in light of the partition deed, the parties’ conduct, and the omission of the deed from the plaint.

pp. 5–6

03Law Applied

The petition was brought under Article 227 of the Constitution, and the impugned injunction arose under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure.

p. 2

The Court applied the principle that a court must decide the dispute on the parties’ pleadings and should not travel beyond them; it also considered whether the injunction orders were supported by the material on record.

p. 5

No precedent was cited in the judgment.

04Reasoning

The High Court observed that the respondent’s case was that the property had remained joint family property, but the Courts below based their orders on an assessment of the property’s identity under the registered partition deed—a matter not raised in the pleadings.

p. 5

The deed prima facie allotted the suit property to Channiganna, and the respondent’s son’s 2016 purchase of another item allotted under that deed supported the view that the partition had been acted upon.

pp. 5–6

The Court considered the plaint’s failure to disclose the deed, despite the parties’ conduct, material and found that the impugned orders had been made on a basis beyond the pleadings and contrary to the record.

p. 6

05Holding

The Court held that the impugned orders could not stand.

p. 7

It allowed the writ petition and set aside the Trial Court’s order dated 1 April 2025 on I.A. No. 1 in O.S. No. 481/2022 and the appellate order dated 29 October 2025 in M.A. No. 32/2025.

p. 7
Karnataka High Court

Original Court PDF

SRI.CHANDRAIAH,vsSRI.CHANNEGOWDA @ KARIYAPPA,

Karnataka High Court · October 30, 2026

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