- 1 - NC: 2025:KHC:4708 WP No. 11153 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11153 OF 2024 (GM-CPC) BETWEEN: SRI. MADANKUMAR. M. B. AGED ABOUT 27 YEARS S/O BASAVANNA M.P. R/AT NO.519,SEB MYSORE MAIN ROAD SANTHEMARAHALLI VILLAGE AND HOBLI CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR - 571115. …PETITIONER (BY SRI.PREETHAM JUDE CORREA., ADVOCATE) AND: 1. SMT. BHAGYAMA AGED ABOUT 69 YEARS W/O LATE NAGAIAH 2. SRI NANJUNDAIAH AGED ABOUT 68 YEARS S/O LATE MADAIAH 3. SRI MAHADEVAIAH AGED ABOUT 66 YEARS S/O LATE MADAIAH 4. SRI MAHADEVAIAH AGED ABOUT 49 YEARS S/O LATE BASAVAIAH Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4708 WP No. 11153 of 2024 5. SRI SHIVANNA AGED ABOUT 47 YEARS S/O LATE BASAVAIAH 6. SRI SHIVANANJAIAH AGED ABOUT 68 YEARS S/O LATE NANJAIAH 7. SMT. VIJAYA AGED ABOUT 51 YEARS W/O LATE MAHADEVAIAH ALL ARE R/AT KAVUDAVADI VILLAGE SANTHEMARAHALLI HBOLI CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR - 571 115. …RESPONDENTS (BY SRI. NAGENDRA NAIK R.,ADVOCATE FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12/03/2024 PASSED IN MA NO. 25/2023 BY THE CIVIL JUDGE AND CJM, CHAMARAJANAGARA AT ANNEXURE-G TO THE WRIT PETITION AND CONSEQUENTLY DISMISS THE IA NO. 1 FILED BY THE RESPONDENT UNDER ORDER XXXIX RULES 1 AND 2 IN OS NO. 56/2023 BEFORE THE CIVIL JUDGE AND J.M.F.C. YELANDUR BY CONFIRMING THE ORDER DATED 05/10/2023 PASSED BY THE CIVIL JUDGE AND J.M.F.C. AT YELANDUR AT ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 3 - NC: 2025:KHC:4708 WP No. 11153 of 2024 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 12.03.2024 passed by the Senior Civil Judge and CJM, Chamarajanagar, in M.A.No.25/2023, whereby the First Appellate Court has allowed the said appeal and granted an order of temporary injunction. 2. The plaintiffs filed O.S.No.56/2023 before the Civil Judge & JMFC, Yelandur, for relief of declaration and other consequential reliefs. Along with the plaint, the plaintiff No.6 filed I.A.No.1 under Order XXXIX Rules 1 and 2 of CPC seeking for an order of temporary injunction. On service of suit summons, the defendant appeared and filed objections. After hearing the parties, the Trial Court by order dated 05.10.2023 has dismissed the said application. Being aggrieved by the said order, the plaintiffs filed M.A.No.25/2023 before the Senior Civil Judge and CJM, Chamarajanagar. The First Appellate - 4 - NC: 2025:KHC:4708 WP No. 11153 of 2024 Court, by impugned order dated 12.03.2024 has allowed the appeal and set aside the order passed by Trial Court and granted an order of temporary injunction restraining the defendant from causing interference into the peaceful possession and enjoyment of the suit property till the disposal of the suit. Being aggrieved, the petitioner- defendant is before this Court. 3. This Court by order dated 24.04.2024 has passed the following order: “Issue emergent notice to the respondents returnable by 05.06.2024. In the meanwhile, the impugned order dated 12.03.2024 passed in M.A.No.25/2023 on the file of Senior Civil Judge and CJM, Chamarajanagar, are hereby stayed till the next date of hearing. Re-list on 05.06.2024. Liberty is reserved in favour of respondents to seek vacation / modification of this order.” - 5 - NC: 2025:KHC:4708 WP No. 11153 of 2024 4. The interim order granted by this Court is operating till today. The suit is posted for evidence of the parties. Under the circumstances and in the interest of justice, the following order is passed: ORDER a) The writ petition is partly allowed. b) The order dated 12.03.2024 passed by the Senior Civil Judge and CJM, Chamarajanagar in M.A.No.25/2023 is modified. c) It is made clear that the parties are directed to maintain status-quo in respect of the suit schedule property till the disposal of the suit. d) Parties shall co-operate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 63