- 1 - HC-KAR NC: 2025:KHC:22506 W.P. No.7579/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.7579/2020 (GM-CPC) BETWEEN: SRI. BASAVAIAH S/O MANIT HATTI MUDDAIAH AGE ABOUT 79 YEARS RESIDING AT HODAGHATTA VILLAGE BASARALU HOBLI, MANDYA TALUK MANDYA - 571401. …PETITIONER (BY SMT. ANUSHA NANDISH, ADV.,) AND: 1. SRI. G. BASAVAIAH S/O LATE GURUVAIAH AGED ABOUT 65 YEARS. 2. SRI. H.D. MUDDIAH S/O LATE DEVAIAH @ DOLLAPUPA AGED ABOUT 57 YEARS. 3. SRI. H.B. GURUBASAVAIAH S/O BASAVAIAH AGED ABOUT 53 YEARS. RESPONDENT NOS.1 TO 3 ARE RESIDING AT HODAGHATTA VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA - 571401. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, ADV., FOR R1 TO R3) Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:22506 W.P. No.7579/2020 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE JUDGMENT DATED 12.08.2017 PASSED BY THE COURT OF II ADDL. SENIOR CIVIL JUDGE AND JMFC, MANDYA IN M.A.NO.6/2016 ANNEXURE-A AND CONSEQUENTIALLY CONFIRM THE ORDER DATED 17.02.2016 PASSED BY THE COURT OF ADDL. CIVIL JUDGE AND JMFC, MANDYA IN O.S.NO.486/2015 ON I.A.NO.II ANNEXURE-F. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT REJECTING APPEAL IN M.A.NO.6/2016 BEFORE THE COURT OF II ADDL. SENIOR CIVIL JUDGE, MANDYA BY THE RESPONDENTS/PLAINTIFFS ANNEXURE-G & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking for the following reliefs: i) Issue a Writ of Certiorari quashing the judgment dated 12.08.2017 passed by the Court of II Addl. Senior Civil Judge & JMFC, Mandya in M.A.No.6/2016 (Annexure-A) and consequentially confirm the Order dated 17.02.2016 passed by the Court of Addl. Civil Judge & JMFC, Mandya in O.S.No.486/2015 on I.A.No.II (Annexure-F). ii) Issue a Writ of Certiorari or any other appropriate Writ rejecting Appeal in M.A.No.6/2016 before the Court of II Addl. Senior Civil Judge, Mandya by the Respondents/Plaintiffs (Annexure-G). 2. Smt.Anusha Nandish, learned counsel for the petitioner submits that the petitioner is the defendant in O.S.No.486/2015 and the said suit came to be filed by the respondents for declaration and injunction. In the said suit, the Trial Court rejected the application filed by the respondents - 3 - HC-KAR NC: 2025:KHC:22506 W.P. No.7579/2020 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908. However, the Appellate Court in M.A.No.6/2016 reversed the order without appreciating the material on record with proper perspective. 3. Learned counsel for the respondent No.7 submits that the Appellate Court in M.A.No.6/2016 has recorded the reasons that the respondent-plaintiff has made out a prima facie case and has granted injunction. 4. After arguing the matter for some time, it is jointly submitted that the matter is at the trial stage and the present writ petition may be disposed of by directing the parties to maintain status quo till the disposal of the suit. The said joint submission is placed on record. 5. Accordingly, the writ petition is disposed of by directing the parties in O.S.No.486/2015 to maintain status quo with regard to the possession of the suit schedule property till the disposal of the suit. - 4 - HC-KAR NC: 2025:KHC:22506 W.P. No.7579/2020 It is made clear that this Court has not expressed any opinion with regard to the finding recorded by the original and Appellate Courts on I.A.No.II in O.S.No.486/2015. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 40