- 1 - NC: 2025:KHC:13725 MFA No. 599 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 599 OF 2021 (CPC) BETWEEN: KADYAMADA NANJAPPA S/O LATE KARIAPPA, AGED ABOUT 59 YEARS, R/AT ARUVATHOKLU VILLAGE, VIRAJPET TALUK, SOUTH KODAGU – 571 201 …APPELLANT (BY KUM. MAHESH ARKALGUD ADVOCATE FOR SRI. SRIKANTH, ADVOCATE) AND: 1. MANIAPANDA BOPANNA S/O LATE HARISH NACHAPPA, AGED ABOUT 39 YEARS, 2. MANIAPANDA SOMANNA S/O LATE HARISH NACHAPPA, AGED ABOUT 35 YEARS, BOTH RESIDING AT ARVATHOKLU VILLAGE, VIRAJPET TALUK, SOUTH KODAGU – 571 201. …RESPONDENTS (BY SRI. RAKSHITH KUMAR, ADVOCATE FOR R1; R2 NOTICE SERVED) THIS MFA FILED U/O. 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 15.02.2020 PASSED ON IA.NO.IV AND V, IN O.S. NO.38/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, VIRAJPET, DISMISSING THE IA.NO.IV FILED UNDER ORDER 39, RULE 1 AND 2 OF CPC AND ALLOWING THE I.A.NO.V FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13725 MFA No. 599 of 2021 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. The plaintiff (appellant herein) in O.S.No.38/2019 has filed this appeal being aggrieved by the order dated 15.02.2020 passed on I.A.No.IV in O.S.No.38/2019 by the Court of Senior Civil Judge and JMFC, Virajpet (hereinafter referred to as ‘the Trial Court’ for short), filed under Order XXXIX Rules 1 and 2 of CPC for grant of temporary injunction is dismissed. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. It is the case of the plaintiff that there is a passage through his land and he has put up a gate and - 3 - NC: 2025:KHC:13725 MFA No. 599 of 2021 with allegation that the defendants are using the said path therefore, filed suit for permanent injunction and also filed an application for temporary injunction. The Trial Court has dismissed the said application on the reason that if, at this stage, the defendants are prevented from using the said path, it would cause more injury to the defendants. 5. The question to be decided is the ingress and egress of the defendants to suit property, which is a contentious issue before the Trial Court. Therefore, the application filed by the plaintiff is dismissed and the application filed by the defendants is allowed. 6. It is submitted that now the appeal is set down for defendants’ cross-examination. Therefore, at this stage, there is no need to make interference in the impugned order and therefore, the appeal is liable to be disposed of with a direction to the Trial Court to dispose of the suit as expeditiously as possible, since the suit was filed in the year 2019. Therefore, without disturbing the order passed by the Trial Court a direction is issued to the - 4 - NC: 2025:KHC:13725 MFA No. 599 of 2021 Trial Court to dispose of the suit as expeditiously as possible within a period of 9 months from the date of receipt of copy of this order. 7. Both the plaintiff and defendants shall cooperate with the Trial Court for early disposal. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 46