- 1 - NC: 2025:KHC:3290 WP No. 19784 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19784 OF 2019 (GM-CPC) BETWEEN: 1. SHRIDHARA BHAGAVATHA S/O LATE VISHNU BHAGAVATHA AGED ABOUT 71 YEARS, R/AT KAJJODI HOUSE, HARIHARA PALLATHADKA SULLIA TALUK D K DISTRICT – 574 239. 2. VENKATAKRISHNA BHAGAVATHA S/O LATE D BALAKRISHNA BHAGAVATHA, AGED ABOUT 59 YEARS, 3. VISHNURAJA P.L., S/O LATE LAXMINARAYANA BHAGAVATHA, AGED ABOUT 62 YEARS, 4. D RADHAKRISHNA BHAGAATHA S/O LATE LAXMINARAYANA BHAGAVATHA, AGED ABOUT 52 YEARS, 5. RAJESHA P S/O LATE SHANKARANARAYANA BHAGAVATHA, AGED ABOUT 42 YEARS, 6. P CHANDRASHEKAHARA BHAGAATHA S/O LATE P VENKATAKRISHNA BHAGAVATHA, AGED ABOUT 45 YEARS, 7. D MADHUSUDANA BHAGAVATHA S/O LATE D SHRIPATHI BHAGAVATHA AGED ABOUT 50 YEARS, 8. D SHRINIVASA BHAGAVATHA S/O LATE D SHRIPATHI BHAGAVATHA AGED ABOUT 54 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3290 WP No. 19784 of 2019 9. VENKATAKRISHNA BHAGAVATHA K V S/O K VENUGOPALAKRISHNA BHAGAVATHA, AGED ABOUT 28 YEARS 10. JAYARAMA D V S/O D VENKATAKRISHNA BHAGAVATHA, AGED ABOUT 50 YEARS, 11. VASUDEVA BHAGAVATHA S/O LATE D SHRIPATHI BHAGAVATHA, AGED ABOUT 58 YEARS, 12. P BALAKRISHNA BHAGAVATHA S/O LATE P VENKATAKRISHNA BHAGAVATHA, AGED ABOUT 54 YEARS, 13. ANANTHA PADMANABHA BALLUKARAYA S/O LATE KRISHNA BALLUKARAYA AGED ABOUT 40 YEARS, PET. NO. 2 TO 13 ARE R/O DEVASYA, PANAJE VILLAGE, PUTTUR TALUK D K DISTRICT – 517583. …PETITIONERS (BY SRI. RAVIKUMAR G H.,ADVOCATE) AND: GOPALAKRISHNA MANILATHAYA S/O VAMANA MANILATHAYA AGED ABOUT 29 YEARS, R/AT SUBRAMANYA MUTT KUKKE SUBRAMANYA SULLIA TALUK, D K DISTRICT – 574 239. RESPONDENTS ALLEGED NAME AND ADDRESS AS PER CAUSE TITLE IN LOWER IS GOPALAKRISHNA BHAGAVATHA ADOPTED SON OF D PARAMESHWARA BHAGAVATHA AGED ABOUT 27 YEARS, R/AT DEVISHREE NILAYA, DEVASYA PANAJE VILLAGE, PUTTUR TALUK, D K DISTRICT. …RESPONDENT (BY SRI. NITHYAND MANJUNATH BHAT, ADVOCATE FOR SRI. VENKATESH DURGAPPA NAIK.,ADVOCATE) - 3 - NC: 2025:KHC:3290 WP No. 19784 of 2019 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DATED 11.12.2018 PASSED IN M.A.NO.23 OF 2018 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE & A.C.J.M ON I.A.NO.2 AT PUTTUR, D.K., AS PER ANNEXURE-A AND CONSEQUENTLY ALLOW MA NO.23 OF 2018 AS PRAYED FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in M.A.No.23/2018 dated 11.12.2018 by the Principal Senior Civil Judge & A.C.J.M., at Puttur, D.K., the petitioners/defendants are before this Court. 2. The respondent/plaintiff had filed the suit in O.S.No.454/2018 seeking permanent injunction. In that, he has filed I.A.No.II seeking temporary injunction which came to be allowed by order dated 13.11.2018. Aggrieved thereby, the defendants had carried the matter in M.A.No.23/2018. That came to be dismissed by order dated 11.12.2018. Against that, the present writ petition is filed. This writ petition is of the year 2019. There are no interim orders in this writ petition. 3. Learned counsel appearing for both the parties submits that the suit is at the stage of evidence and the matter is posted to 17.02.2025. The plaintiff is enjoying the injunction - 4 - NC: 2025:KHC:3290 WP No. 19784 of 2019 right from the year 2018 and considering the fact that no interim orders are passed in this petition which is of the year 2019, without going into the merits of the matter, this Court deems it appropriate to pass the following order: ORDER i. Accordingly, this writ petition is disposed off. ii. The trial Court shall dispose off the main suit in O.S.No.454/2018 as expeditiously as possible within a period of one year. iii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 37