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2025 DAILYLAW 23594 (KAR)

SRI. RANGARAJU, v. SRI. PRAVEEN KUMAR S.Y.

WP/12899/2025 · 2025-07-11

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25415 WP No. 12899 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12899 OF 2025 (GM-CPC) BETWEEN: 1. SRI. RANGARAJU, S/O LATE CHIKKARANGAIAH, AGED ABOUT 46 YEARS. 2. SRI. KANTHA, S/O NINGAPPA, AGED ABOUT 41 YEARS. 3. SRI. PUTTALINGAIAH, S/O LATE CHIKKARANGAIAH, AGED ABOUT 61 YEARS, (PETITIONER NO.3 IS NOT CLAIMING THE BENEFIT OF SENIOR CITIZENSHIP) ALL ARE R/O BADAMARANAHALLI VILLAGE, HULIKUNTE HOBLI, SIRA TALUK, TUMAKURU DISTRICT – 572 113. …PETITIONERS (BY SRI K.R.RAMESH, ADVOCATE) AND: SRI PRAVEEN KUMAR S. Y., S/O S.YENJARAPPA, AGED ABOUT 45 YEARS, R/AT SRI SHIVA SAI NILAYA, 8TH CROSS, 7TH MAIN, SOMESHWARAPURAM, TUMAKURU - 572 102. …RESPONDENT (BY SRI MANOHAR B. K., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25415 WP No. 12899 of 2025 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 04.03.2025 AT ANNEXURE-A PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, SIRA IN M.A.NO.10/2024 CONFIRMING THE ORDER DATED 28.02.2024 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, SIRA ON I.A.NO.1 IN O.S.NO.285/2023 AT ANNEXURE-M AND THEREBY DISMISS I.A.NO.1 IN O.S.NO.285/2023 ON THE PRINCIPAL CIVIL JUDGE AND JMFC, SIRA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court calling in question two orders: (1) rejecting an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, declining to grant temporary injunction and (2) order of the First Appellate Court in M.A.No.10/2024 confirming the said order. 2. Heard Sri.K.R. Ramesh, learned counsel appearing for the petitioners, Sri.Manohar B.K., learned counsel appearing for the respondent and have perused the material on record. 3. Learned counsel for the petitioners submits that stay of the order declining to grant a temporary injunction was - 3 - HC-KAR NC: 2025:KHC:25415 WP No. 12899 of 2025 granted by the First Appellate Court. Learned counsel for the petitioner seeks to place reliance upon a particular order of the Assistant Commissioner to contend that they are the legal heirs of a grantee. 4. Learned counsel or the petitioner contends that they are the legal heirs of the grantee, which is seriously disputed by the learned counsel for the respondent. The suit is for declaration and possession filed by the petitioners on the aforesaid score. 5. As observed herein above, the entire fulcrum of the right that is claimed by the petitioners, is an order of the Assistant Commissioner cancelling the khata that stood in favour of vendors of the respondent. Be that as it may. 6. In the light of the subsistence of the interim order of stay before the First Appellate Court, I deem it appropriate to direct the parties to maintain status quo which would be subject to further orders that would be passed at the hands of the concerned Court. - 4 - HC-KAR NC: 2025:KHC:25415 WP No. 12899 of 2025 7. A direction to maintain status quo would not mean that the possession of the respondent would be disturbed by any way by the plaintiff unless the order of the kind would spring from the hands of the concerned Court. With the aforesaid objections, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 36 CT:SS