- 1 - NC: 2025:KHC:6856 WP No. 4347 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4347 OF 2025 (GM-CPC) BETWEEN: 1. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 NO.1, MIDFORD HOUSE, MIDFORD GARDENS OFF MAHATMA GANDHI ROAD BENGALURU - 560 001 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. SRINATH MANGALORE. 2. NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 NO.1, MIDFORD HOUSE MIDFORD GARDENS OFF MAHATMA GANDHI ROAD BENGALURU 560 001 REP. BY ITS AUTHORIZED SIGNATORY SRI SRINATH MANALORE. …PETITIONERS (BY SRI. R V S NAIK., SENIOR COUNSEL FOR SRI. NITHIN PRASAD, ADVOCATE) AND: B K VISHWANATH S/O OF LATE B.N. RAMAIAHSHETTY AGED ABOUT 74 YEARS RESIDING AT NO. 14 12TH CROSS, BENDRE NAGARA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6856 WP No. 4347 of 2025 KADIRENAHALLI, BENGALURU-560 027 …RESPONDENT (BY SRI.KRISHNA NAUK .,ADVOCATE FOR C/RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 15.11.2024 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN RA 70/2024 DISMISSING THE I.A.NO.1 AT (ANNEXURE-M) 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 ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioners-appellants, challenging the order dated 15.11.2024 passed by the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru on I.A.No.1 filed by the appellants under Order XLI Rule 5 read with Section 151 of CPC in R.A.No.70/2024, whereby the First Appellate Court has rejected the said application. 2. The respondent/plaintiff has filed the suit for injunction. The trial Court by judgment and decree dated 31.07.2024 decreed the suit in O.S.No.402/2019 and - 3 - NC: 2025:KHC:6856 WP No. 4347 of 2025 directed the defendants and their agents, heirs and other workmen any assignees of the defendants were permanently restrained from interfering with the peaceful possession and enjoyment of the plaintiff over the suit schedule property. Being aggrieved by the same, the petitioners filed an appeal before the Senior Civil Judge, Bengaluru Rural District, Bengaluru in R.A.No.70/2024. Along with the appeal, they filed I.A.No.1 under Order XLI Rule 5 read with Section 151 of CPC seeking for stay of operation and execution of the judgment and decree dated 31.07.2024 passed by the trial Court. The same came to be dismissed by order dated 15.11.2024. Being aggrieved by the same, the present petition is filed. 3. Learned senior counsel appearing for the petitioners has submitted that, in the earlier round of litigation, this Court, by order dated 03.08.2022 in W.P.No.13353/2021, directed both the plaintiff and the defendants to maintain status-quo in respect of the suit schedule property until - 4 - NC: 2025:KHC:6856 WP No. 4347 of 2025 the disposal of the suit. During the pendency of the suit, the status-quo order remained in force. 4. Learned counsel appearing for the respondent/ plaintiff has submitted that the parties have undergone a full-fledged trial. After the trial, the trial Court has decreed the suit and granted an order of injunction. Therefore, the First Appellate Court has rightly dismissed the application filed by the petitioners. 5. Be that as it may, there was a status-quo order in respect of the suit schedule property during the pendency of the suit. Under these circumstances, the parties may be directed to maintain status-quo with respect to the suit schedule property until the disposal of the appeal, i.e., R.A.No.70/2024, pending before the First Appellate Court. 6. Accordingly, I pass the following order: ORDER a) The writ petition is disposed of. - 5 - NC: 2025:KHC:6856 WP No. 4347 of 2025 b) The parties are directed to maintain status-quo, in respect of suit schedule property, till disposal of R.A.No.70/2024. c) The parties are also directed to cooperate for the early disposal of the appeal and shall not seek any adjournment on the date fixed by the Court. d) The First Appellate Court is directed to dispose of the appeal, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 8