- 1 - NC: 2025:KHC:5566 WP No. 1172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1172 OF 2025 (GM-CPC) BETWEEN: 1. SMT.BAYYAMMA D/O LATE ERRAPPA W/O UTHAPPA AGED ABOUT 54 YEARS AGRICULTURIST 2. SRI PEDDA BAYYAPPA S/O LATE ERRAPPA AGED ABOUT 52 YEARS AGRICULTURIST 3. SMT. JAYAMMA D/O LATE ERRAPPA W/O BABU AGED ABOUT 44 YEARS AGRICULTURIST ALL ARE RESIDING AT GALAPALLI VILLAGE PULIGAL G P, CHELUR HOBLI BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT-561207 …PETITIONERS (BY SRI M.R.RAJAGOPAL, SENIOR COUNSEL FOR SRI. CHOWDAREDDY T. M., ADVOCATE) AND: 1. SRI BHATHYAPPA S/O LATE GANGULAPPA AGED ABOUT 58 YEARS. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5566 WP No. 1172 of 2025 2. SRI VENKATARAVANA S/O LATE GANGULAPPA AGED ABOUT 55 YEARS. 3. SRI NAGARAJU S/O LATE GANGULAPPA AGED ABOUT 52 YEARS 4. SMT. ERRAMMA D/O LATE ERRAPPA W/O. SRI BHATHYAPPA AGED ABOUT 47 YEARS AGRICULTURIST ALL ARE R/AT RAJUVANDLAPALLI VILLAGE CHAKVELU GRAM PANCHAYAT CHELURU HOBLI, BAGEPALLI TALUK CHIKKABALALPURA DISTRICT 561207 …RESPONDENTS (BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE FOR C/R1: NOTICE TO R2 TO R4 ARE DISPENSED WITH V/O DATED:07.12.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 20/12/2024 IN MA NO. 41/2019 ON THE FILE OF SENIOR CIVIL JUDGE, AT BAGEPALLI A COPY OF WHICH IS PRODUCE AT ANNEXURE-J, AND M A NO. 41/2019 BE DISMISSED, CONFIRMING THE ORDER DATED 13/11/2019 ON IA NO. I IN OS NO. 159/2019 ON THE FILE OF CIVIL JUDGE, AT BAGEPALLI AS ANNEXURE E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:5566 WP No. 1172 of 2025 ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs challenging the order dated 20.12.2024 passed by the Senior Civil Judge, Bagepalli, in M.A.No.41/2019, whereby the First Appellate Court has allowed the appeal and set aside the order dated 13.11.2019 passed by the Civil Judge and JMFC, Bagepalli, on I.A.No.1 by the plaintiffs filed under Order 39 Rules 1 and 2 of CPC in O.S.No.159/2019. 2. The plaintiffs filed the suit for bare injunction. Along with the plaint, the plaintiffs also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC. On service of suit summons, the defendants appeared and filed written statement. After hearing the parties, the Trial Court vide order dated 13.11.2019 has allowed the said application and granted an order of temporary injunction. Being aggrieved, the defendant Nos.1 to 3 filed M.A.No.14/2019 before the First Appellate Court. The First Appellate Court vide impugned order dated 20.12.2024 has allowed the - 4 - NC: 2025:KHC:5566 WP No. 1172 of 2025 appeal and set aside the order dated 13.11.2019 passed by the Trial Court on application filed under Order 39 Rules 1 and 2 of CPC. Hence, the present petition is filed by the petitioners-plaintiffs challenging the impugned order passed by the First Appellate Court. 3. Be that as it may. The suit is now posted for evidence of defendants. At this stage, it would be suffice for this court to direct the parties to maintain status-quo in respect of the suit property till the disposal of the suit and to direct the Trial Court to dispose of the suit as expeditiously as possible. 4. Accordingly, the following order is passed: ORDER a) The writ petition is partly allowed. b) The order dated 20.12.2024 passed by the Senior Civil Judge, Bagepalli, in M.A.No.41/2019 is modified. - 5 - NC: 2025:KHC:5566 WP No. 1172 of 2025 c) It is made clear that the parties are directed to maintain status-quo in respect of the suit schedule property till the disposal of the suit. d) The Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than ten months from the date of receipt of certified copy of this order. e) Parties shall co-operate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 5