- 1 - NC: 2025:KHC:4976 WP No. 1199 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1199 OF 2025 (GM-CPC) BETWEEN: 1. SRI MAHADEVAIAH AGED ABOUT 54 YEARS S/O LATE MADAIAH. 2. SMT.CHANDRAMMA AGED ABOUT 47 YEARS D/O LATE MADAIAH BOTH ARE R/AT ALKERE AGRAHARA VILLAGE YELANDUR TALUK CHAMARAJANAGARA DISTRICT-571 441. …PETITIONERS (BY SRI. P NATARAJU.,ADVOCATE) AND: SRI N ANANDARAJU AGED ABOUT 54 YEARS S/O LATE C.NANJUNDAIAH R/AT GOWDAHALLI VILLAGE YELANDUR TALUK CHAMARAJANAGARA DISTRICT-571 441. …RESPONDENT (BY SRI. SYED AKBAR PASHA.,ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE LEARNED ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHAMARAJANAGARA IN M.A.NO.14/2023 DATED 02-12-2024 VIDE ANNEXURE-G AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4976 WP No. 1199 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERE IN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by defendant Nos.1 and 2 challenging the order dated 02.12.2024 passed by the Additional Senior Civil Judge and JMFC, Chamarajanagara in M.A.No.14/2023, whereby the First Appellate Court has allowed the said miscellaneous appeal by setting aside the order dated 28.10.2022 passed on I.A.No.I filed by the plaintiff under Order XXXIX Rule 1 and 2 of CPC in O.S.No.124/2021. 2. The plaintiff has filed the suit for declaration and injunction. Along with plaint, he has filed I.A.No.I under Order XXXIX Rule 1 and 2 of CPC. The trial Court after hearing the parties, dismissed the said IA by order dated 28.10.2022. Being aggrieved by the same, the petitioner/plaintiff has filed an appeal before the Additional Senior Civil Judge and JMFC, Chamarajanagara in - 3 - NC: 2025:KHC:4976 WP No. 1199 of 2025 M.A.No.14/2023. The First Appellate Court by order dated 02.12.2024 has allowed the appeal and granted temporary injunction. Being aggrieved by the same, the defendants are before this Court in this writ petition. 3. The suit is filed for declaration and injunction. The plaintiff has filed an application under Order XXXIX Rule 1 and 2 of CPC for granting an order of Temporary Injunction. Since the defendants are relying on RTC and contending that they are in the possession of the property and plaintiff has also disputed the said fact, the trial Court has to assess on the aspect of possession of the parties as on the date of filing of the suit. 4. Under these circumstances, the writ petition has to be allowed in-part by modifying the order dated 02.12.2024 passed by the First Appellate Court. 5. Accordingly, I pass the following order: ORDER a) The writ petition is allowed in-part. - 4 - NC: 2025:KHC:4976 WP No. 1199 of 2025 b) The order dated 02.12.2024 passed by the Additional Senior Civil Judge and JMFC, Chamarajanagara in M.A.No.14/2023 is hereby modified. c) Parties are directed to maintain status-quo, in respect of suit schedule property, till disposal of the suit. d) The trial Court is directed to dispose of the matter, in accordance with law and as expeditiously as possible, not later than one year from the date of receipt of certified copy of this order without being influenced by any observations made in the order passed by the First Appellate Court in M.A.No.14/2023 as well as the order passed by this Court. e) The parties are directed to cooperate for early disposal. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 14