- 1 - NC: 2025:KHC:16564 WP No. 2462 of 2023 C/W WP No. 2394 of 2023 WP No. 2449 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2462 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 2394 OF 2023 (GM-CPC) WRIT PETITION NO. 2449 OF 2023 (GM-CPC) IN WP No. 2462/2023 BETWEEN: SECRETARY KHADI AND GRAMUDYOGA SAHAKARI SANGA LTD HOLENARASIPURA TOWN HOLENARASIPURA TALUK HASSAN DISTRICT-573211 BY ITS SECRETARY SRI AKSHAY. …PETITIONER (BY SRI. K N NITISH., ADVOCATE) AND: SMT MANJULA W/O NAGARAJU AGED 45 YEARS NANJEGOWDANA KOPPALU VILLAGE AANE KANAMBADI DAKHALE VILLAGE MYSORE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT-573211. …RESPONDENT (BY SRI. VASU K., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16564 WP No. 2462 of 2023 C/W WP No. 2394 of 2023 WP No. 2449 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE COSNTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.09.2021 AT ANNEXURE-E PASSED IN OS.NO.04/2021 ON THE FILE OF THE LEARNED ADDL.CIVIL JUDGE AND JMFC AT HOLENARASIPURA, ALLOWING THE IA NO.1 UNDER ORDER 39 RULE 1 AND 2 OF CPC AT ANNEXURE-C AND ETC. IN WP NO. 2394/2023 BETWEEN: 1. SRI HO SU RAMESH S/O SUBBARAYA AGED ABOUT 64 YEARS OCC: PRESIDENT KHADI AND GRAMUDYOGA SAHAKARI SANGA LTD. R/AT FORT MAIN ROAD, HOLENARASIPURA TOWN HOLENARASIPURA TALUK HASSAN DISTRICT-573211. 2. AKSHAY KUMAR H M S/O MOHAN AGED ABOUT 33 YEARS OCC: SECRETARY KHADI AND GRAMUDYOGA SAHAKARI SANGA LTD. R/AT FORT MAIN ROAD, HOLENARASIPURA TOWN HOLENARASIPURA TALUK HASSAN DISTRICT-573211. ...PETITIONERS (BY SRI. K. N. NITISH., ADVOCATE) AND: 1. SMT MANJULA W/O NAGARAJU AGED ABOUT 45 YEARS NANJEGOWDANA KOPPALU VILLAGE AANE KANAMBADI DAKHALE VILLAGE MYSORE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT-573211. - 3 - NC: 2025:KHC:16564 WP No. 2462 of 2023 C/W WP No. 2394 of 2023 WP No. 2449 of 2023 2. PANCHAYATH DEVELOPMENT OFFICER DODDAKADANOOR GRAM PANCHAYATH HALLYMYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573211. ...RESPONDENTS (BY SRI. VASU K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED: 15.10.2022 VIDE ANNEXURE-H PASSED IN MA.13/2022 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT HOLENARASIPURA, THEREBY ALLOWING THE I.A. UNDER ORDER 41 RULE 5 OF CPC VIDE ANNEXURE-G AND ETC. IN WP NO. 2449/2023 BETWEEN: AKSHAY H M AGED ABOUT 33 YEARS SECRETARY KHADI AND GRAMUDYOGA SAHAKARI SANGA LTD HOLENARASIPURA TOWN HOLENARASIPURA TALUK HASSAN DISTRICT-573211. ...PETITIONER (BY SRI. K N NITISH, ADVOCATE) AND: SMT MANJULA W/O NAGARAJU AGED ABOUT 45 YEARS NANJEGOWDANA KOPPALU VILLAGE AANE KANAMBADI DAKHALE VILLAGE MYSORE HOBLI, HOLENARASIPURA TALUK HASSAN DISTRICT-573211. ...RESPONDENT (BY SRI. VASU K., ADVOCATE) - 4 - NC: 2025:KHC:16564 WP No. 2462 of 2023 C/W WP No. 2394 of 2023 WP No. 2449 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 O THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.01.2023 AT ANNEXURE-K PASSED IN OS.NO.04/2021 BY THE LEARNED ADDL.CIVIL JUDGE AND JMFC AT HOLENARASIPURA ON IA NO.2 FILED BY THE RESPONDENT HEREIN UNDER SECTION 151 OF CPC SEEKING POLICE PROTECTION AT ANNEXURE-H AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These writ petitions are filed under Article 227 of the Constitution of India. 2. W.P.No.2462/2023 is filed by the defendant in O.S.No.4/2021, challenging the order dated 07.03.2022, passed by the Senior Civil Judge and JMFC, Holenarasipura, in M.A.No.4/2021, whereby the order passed by the trial court on 18.09.2021 in O.S.No.4/2021 has been confirmed and the injunction order passed by the trial court has been continued. 3. W.P.No.2394/2023 is filed by the plaintiffs challenging the order dated 15.10.2022 passed by the Senior Civil Judge and JMFC, Holenarasipura in - 5 - NC: 2025:KHC:16564 WP No. 2462 of 2023 C/W WP No. 2394 of 2023 WP No. 2449 of 2023 M.A.No.13/2022, whereby temporary injunction order passed by the trial court in O.S.No.233/2022 has been stayed. 4. W.P.No.2449/2023 is filed by the defendant in O.S.No.4/2021 challenging the order dated 18.01.2023 passed by the Additional Civil Judge and JMFC, Holanarasipura on IA No.2 granting police protection to the plaintiff for implementing the injunction order. 5. This Court, on 13.02.2023 granted an order of status-quo in respect of the suit schedule properties. The same is in operation till today. 6. In view of the above, I am of the opinion that these writ petitions can be disposed of directing the trial court to dispose of the suits expeditiously. 7. Accordingly, the following order is passed: (i) The writ petitions are disposed of. (ii) The order passed by the trial court in O.S.No.4/2021 dated 18.09.2021 and the - 6 - NC: 2025:KHC:16564 WP No. 2462 of 2023 C/W WP No. 2394 of 2023 WP No. 2449 of 2023 order dated 01.10.2022 in O.S.No.233/2022 are modified. The parties are directed to maintain status-quo in respect of the suit schedule properties till the disposal of the suits. MA No.13/2022 stands disposed of. (iii) In W.P.No.2394/2023 is concerned, the order passed by the trial court on IA No.2 in O.S.No.4/2021 dated 18.01.2023 is set aside. (iv) The trial court is directed to dispose of the suits in O.S.Nos.4/2021 and 233/2022 as expeditiously as possible, not later than one year from the date of receipt of a copy of this order. (v) The parties are at liberty to file an application for clubbing both the suits. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 46