- 1 - NC: 2025:KHC:18105 MFA No. 1578 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.1578 OF 2025 (CPC) BETWEEN: SRI. A. JAYARAM HEGDE S/O LATE DR B C HEGDE AGED 77 YEARS, R/AT NO.1279, 1ST ‘A’ CROSS, J P NAGARA, 2ND PHASE, BANGALORE – 560 078 …APPELLANT (BY SRI. PRAKASH M.H, ADVOCATE) AND: 1. SRI. P.ARJUN S/O LATE R PARASHURAM, AGED 77 YEARS, 2. SRI. GIRISHWARA S/O P ARJUNA AGED 42 YEARS, R1 AND R2 ARE R/AT” NO.241, MATHRUSHREE, 1ST FLOOR, BALAJI HOUSING SOCIETY, VAJARAHALLI LAYOUT, KANAKAPURA ROAD, BENGALLURU – 560 062. 3. SMT. SHAKUNTHALA BAI W/O LATE. H. SOMASHEKAR AGED 67 YEARS, R/AT GODHURU HOBLI, MARALAWADI HOBLI, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18105 MFA No. 1578 of 2025 KANAKAPURA TALUK, RAMANAGARA DIST – 562 117. …RESPONDENTS (BY SRI. JAVEED.S ADVOCATE C/R2) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 30.11.2024 PASSED ON I.A.NO.2 AND 5 IN OS.NO.468/2023 ON THE FILE OF THE COURT OF THE SENIORCIVIL JUDGE AND JMFC, KANAKAPURA, REJECTING THE IA.NO.II FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC AND ALLOWING THE IA.NO.V FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the plaintiff questioning the order dated 30.11.2024 passed by the Court of Senior Civil Judge & JMFC, Kanakapura, in O.S.No.468/2023, on I.A.No.II filed under Order XXXIX Rules 1 and 2 r/w Section 151 of CPC and I.A.No.V filed under Order XXXIX Rule 4 r/w Section 151 of CPC, respectively by the plaintiff and defendant No.2, whereby, the application I.A.No.II filed for grant of temporary injunction is dismissed. Whereas, I.A.No.V filed for vacating exparte order of - 3 - NC: 2025:KHC:18105 MFA No. 1578 of 2025 temporary injunction was allowed and thus, order of exparte order of temporary injunction was vacated. 2. The plaintiff has filed suit for declaration claiming that he has purchased the suit schedule property through registered sale deed dated 20.11.1996 and thereafter his name has been mutated in the revenue records. 3. One Varadegowda was the original owner to the extent of 3 acres 35 guntas. It is the case of plaintiff that out of 3 acres 35 guntas, Varadegowda has sold the property measuring 1 acre 37.5 guntas and 2.5 Guntas of kharab land in Sy.No.152 in favour of plaintiff. But it is the case of the plaintiff that the original owner Varadegowda had sold the entire extent of 3 acres 35 guntas in favour of one Venkat Rao Jadav as per sale deed dated 23.05.1950 without retaining any extent of land. As such, there is no question of executing sale deed in favour of the plaintiff on 20.11.1996 with respect to 1 acre 37½ guntas in the very same survey number. - 4 - NC: 2025:KHC:18105 MFA No. 1578 of 2025 4. When this being the fact, the trial court has observed that the defendant No.2 has prima facie produced the material to show that Varadegowda had sold the entire extent of 3 acres 35 guntas in favour of said Venkat Rao Jadav and nothing remains for Varadegowda to execute the sale deed once again in favour of plaintiff to sell 1 acre 37½ guntas. Therefore, when this being the contentious issue, the suit is filed for declaration, but in this regard the plaintiff has failed to make out prima facie case and that is correctly observed by the trial court. Accordingly, dismissed the application filed by the plaintiff for grant of temporary injunction, which needs no interference by this Court. Therefore, the appeal is liable to be dismissed and accordingly, it is dismissed. 5. Whatever observations made above are as per the materials produced while considering the application for temporary injunction and therefore, shall not be construed the same as observations made on merits. The trial court without being influenced by the above - 5 - NC: 2025:KHC:18105 MFA No. 1578 of 2025 observation shall consider the suit on merits in accordance with law and dispose of the suit accordingly. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 38