- 1 - NC: 2025:KHC:9175 WP No. 5573 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5573 OF 2025 (GM-CPC) BETWEEN: 1. SMT. NEELAMMA W/O MAHADEVAPPA AGED ABOUT 70 YEARS 2. SRI MAHADEVAPPA S/O LATE PUTTAPPA AGED ABOUT 80 YEARS 3. SRI MAHADEVASWAMY S/O MAHAVEDAPPA AGED ABOUT 50 YEARS 4. SRI VAJRAMUNI S/O MAHAVEDAPPA AGED ABOUT 45 YEARS ALL ARE R/AT GANAGANURU VILLAGE SANTHEMARAHALLI HOBLI CHAMARAJANAGAR TALUK & DISTRICT 571124 …PETITIONERS (BY SRI. K N NITISH, ADVOCATE FOR SRI.K V NARASIMHAN., ADVOCATE) AND: SMT. MAHADEVAMMA W/O NAGENDRASWAMY AGED ABOUT 57 YEARS R/AT GANAGANURU VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9175 WP No. 5573 of 2025 CHAMARAJANAGAR TALUK AND DISTRICT-571124. …RESPONDENT (BY SRI. VISWANATHA SETTY V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, YELANDUR IN O.S.NO. 131/2023 ON I.ANO.3 DATED: 16.12.2024 AT ANNEXURE-G 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 Article 227 of the Constitution of India is filed by the petitioners-defendant Nos.1 to 4 challenging the order dated 15.02.2025 passed by the Senior Civil Judge and CJM, Chamarajanagar, in M.A.No.1/2025, whereby the First Appellate Court has dismissed the appeal and confirmed the order dated 16.12.2024 passed by the Civil Judge and JMFC, Yelandur, on I.A.No.III filed under Order 39 Rules 1 and 2 of CPC in O.S.No.131/2023, whereby the Trial Court has allowed the application and permitted the plaintiff to cut and transport the sugarcane grown in the suit schedule property. - 3 - NC: 2025:KHC:9175 WP No. 5573 of 2025 2. The plaintiff filed the suit for bare injunction. Along with the suit, he also filed I.A.No.III under Order 39 Rules 1 and 2 of CPC seeking an order of temporary injunction. After issuance of suit summons, the defendants appeared through counsel and filed objections to the application. The Trial Court after hearing the parties has allowed the application vide order dated 16.12.2024 and restrained the defendants from obstructing the plaintiff in cutting and transporting the sugarcane crop grown in the suit schedule property. Being aggrieved by the order dated 16.12.2024, the plaintiff filed M.A.No.1/2025. The First Appellate Court vide order dated 15.02.2025 dismissed M.A.No.1/2025 and confirmed the order dated 16.12.2024 passed by the Trial Court. Thereafter, the plaintiff filed I.A.No.IV under Section 151 of CPC seeking police protection. The Trial Court vide order dated 19.02.2025 has allowed the said application and directed the Police to render necessary assistance to the plaintiff for harvesting the sugarcane crop grown in the suit schedule property. Being aggrieved by the orders dated 16.12.2024 and 19.02.2025 passed by - 4 - NC: 2025:KHC:9175 WP No. 5573 of 2025 the Trial Court and order dated 15.02.2025 passed by the First Appellate Court, the present petition is filed by defendant Nos.1 to 4. 3. The learned counsel for the petitioners-defendants submits that in the meantime, the plaintiff has harvested the sugarcane crop grown in the suit schedule property and sold the same to the factory and withdrew the amount. Therefore, he submits that the Trial Court may be directed to dispose of the suit as expeditiously as possible, without being influenced by the impugned orders passed by the courts below and direct the plaintiff to furnish the accounts in respect of the sugarcane harvested and sold to the factory. 4. In view of the above, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the suit in accordance with law and as expeditiously as possible, not later than six months from the date of receipt of copy of this order, without being - 5 - NC: 2025:KHC:9175 WP No. 5573 of 2025 influenced by any observations made in the impugned orders passed by the courts below. 5. The plaintiff is directed to furnish the details and books of accounts before the Trial Court in respect of the sugarcane crop harvested in the suit schedule property and sold. 6. With the above observation, the writ petition is disposed of. All pending I.As. in this writ petition, if any, are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 9