- 1 - NC: 2025:KHC:10205 WP No. 25836 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25836 OF 2018 (GM-CPC) BETWEEN: 1. HERIYA DEVADIGA SON IN LAW OF CHANDU, AGED ABOUT 76 YEARS, 2. GIRIJA W/O. HERIYA DEVADIGA, AGED ABOUT 70 YEARS, 3. VEDAVATHI W/O. SUDHAKAR DEVADIGA, AGED ABOUT 40 YEARS …PETITIONERS (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. BABU MARAKALA S/O. LATE GOVINDA MARAKALA, AGED ABOUT 65 YEARS, 2. SHOBHA D/O. BABU MARAKALA, AGED ABOUT 35 YEARS, …RESPONDENTS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN M.A. 9/17 PASSED BY THE SR. CIVIL JUDGE AT KUNDAPURA AND QUASH THE ORDER DATED 28.2.2018 PASSED IN M.A.9/17 PASSED BY THE SR. CIVIL JUDGE AT KUNDAPURA AND CONSEQUENTLY UPHOLD THE ORDER DATED 4.10.2017 MADE IN I.A. NO. II IN O.S.315/2017 PASSED BY THE II-ADDL. CIVIL JUDGE AND JMFC, KUNDAPURA AT ANNEX-A AND ANNEX-B AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10205 WP No. 25836 of 2018 THIS PETITION, COMING ON FOR PRELIMINARY HEARING B- GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER This writ petition is by defendants No.1 to 3 in O.S.No.315/2017 pending on the file of II Additional Civil Judge and JMFC, Kundapura, filed by the plaintiffs/respondents No.1 and 2 herein for relief of declaration of their easementary rights in respect of plaint 'B' schedule property belonging to petitioners herein. 2. It appears the Trial Court by order dated 4.10.17 had declined to grant ad-interim order of injunction as sought for by the plaintiffs by rejecting their application filed under Order 39 Rule 1 and 2 of Code of Civil Procedure. By order dated 4.10.017. 3. In a Miscellaneous Appeal filed by the plaintiffs/respondents in M.A.No.09/2017 before the Senior Civil Judge at Kundapura, temporary injunction order was granted in favour of the plaintiffs against the petitioners/defendants herein from causing any obstructions in the usage of the suit road. - 3 - NC: 2025:KHC:10205 WP No. 25836 of 2018 Aggrieved by which, the petitioners/defendants 1 to 3 have filed the present petition. 4. Learned counsel for the petitioners/defendants 1 to 3 after arguing the matter for some time submits that, since there was no interim order granted in this writ petition, the Trial Court has proceeded with the suit on merits, and the matter is now set down for recording of evidence of the petitioners/defendants. Therefore, he seeks this petition to be disposed of with a direction to the Trial Court to dispose of the suit expeditiously, which would meet the ends of justice, and submits that the purpose of filing the present petition would be served. 5. Submission taken on record. 6. Petition is disposed of. Trial Court shall endevour to dispose of the suit as expeditiously as possible within an outer limit of one year from the date of receipt of certified copy of this order. SD/- (M.G.S. KAMAL) JUDGE AP_List No.: 1 Sl No.: 3