- 1 - NC: 2025:KHC:4534 WP No. 13517 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13517 OF 2020 (GM-CPC) BETWEEN: 1. SWAMY S/O LATE SANNAIAH, AGED ABOUT 50 YEARS, 2. JAVARAJU S/O LATE PAPANNA, AGED ABOUT 50 YEARS, BOTH R/AT 1ST CROSS, SHANKARAPURA, NANJANGUD TOWN, MYSURU DISTRICT-571 301 …PETITIONERS (BY SRI. B.SHARATH KUMAR, ADVOCATE) AND: 1. P. BABU S/O LATE A. PALANI, AGED ABOUT 49 YEARS, 2. P.SUNDAR RAJ S/O LATE A PALANI, AGED ABOUT 46 YEARS, 3. P.CHANDRASHEKAR S/O LATE A.PALANI, AGED ABOUT 43 YEARS, ALL ARE R/ATNO.3550, 7TH CROSS, EXTENSION, NANJANGUDTOWN, MYSURU DISTRICT-571 301 …RESPONDENTS (BY SRI.P.MAHESHA, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4534 WP No. 13517 of 2020 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED:19.6.2020 PASSED IN M.A.NO.5/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AT NANANGUD ANNEXURE-A IN SO FAR IT RELATES TO THE ORDER OF TEMPORARY INJUNCTION AGAINST THE PETITIONERS AT PAGE NO.24 OF IMPUGNED ORDER ANNEXURE-A. THIS PETITION, COMING ON FOR FINAL HEARING, 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.5/2020 dated 19.06.2020, by the Senior Civil Judge and JMFC, Nanjangud, the defendants are before this Court. 2. It is the case that the respondents herein have filed a suit for injunction and they have also filed an I.A. seeking interim injunction that came to be dismissed. Against that, M.A.No.5/2020 is filed by the plaintiffs. The Appellate Court by order dated 19.06.2020, had allowed the I.A. subject to the condition that the defendants or persons acting on their behalf are restrained from changing the nature or topography or identity of the suit schedule property mentioned in the plaint - 3 - NC: 2025:KHC:4534 WP No. 13517 of 2020 schedule, in any manner, pending disposal of the suit, by way of order of temporary injunction, be it by putting up construction/further construction or by any other means as the case may be. The Appellate Court had further clarified that the order is passed with an intention to maintain the statusquo of the nature or topography or identity of the suit schedule property and preserve it in the present status, pending disposal of the suit. Aggrieved thereby the present writ petition is filed. 3. This Court on 22.12.2020 had passed an order whereby the interim order of stay as prayed for was granted till next date of hearing subject to the rider that petitioner shall not plead equity in respect of construction in question. 4. Learned counsels appearing for both the parties submit that in the light of the order passed by the Appellate Court, the constructions are completed and in the light of the order passed by the Court, the defendant shall not claim any equity. Making this order as a final order without expressing any views on the merits of the matter, this Court is passing the following: - 4 - NC: 2025:KHC:4534 WP No. 13517 of 2020 ORDER i. Accordingly, the writ petition is disposed of. Making the interim order absolute without going in to the merits of the matter. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 24