- 1 - HC-KAR NC: 2025:KHC:23501 WP No. 15498 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 15498 OF 2020 (GM-CPC) BETWEEN: B. G. PRAVEEN KUMAR S/O LATE B M GURAPPA AGED ABOUT 58 YEARS R/AT ANUGATTA VILALGE AREHALLI HOBLI, BELUR TLAUK 573115 …PETITIONER (BY SRI K.C. SHANTHAKUMAR, ADVOCATE) AND: B. G. SANTHOSH KUMAR S/O LATE B M GURAPPA AGED ABOUT 55 YEARS R/AT ANUGATTA VILLAGE AREHALLI HOBI, BELUR TALUK 573115 …RESPONDENT (BY SRI. A RAVISHANKAR, A/W SMT H.C. LOKESHWARI ADVOCATES) THIS W.P. IS FILED PRAYING TO-QUASH/SET ASIDE THE ORDER PASSED ON IA NO.III DTD 22.01.2020 PASSED IN OS 202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC, BELUR AND CONSEQUENTLY ORDER/JUDGMENT DTD 18.02.2020 PASSED IN MA 07/2020 BY THE COURT OF SENIOR CIVIL JUDGE, BELUR VIDE ANNX-F AND H.DISMISS IA NO.III DTD 22.01.2020 PASSED IN OS NO.202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC, BELUR.GRANT AN INTERIM ORDER PENDING CONSIDERATION OF Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:23501 WP No. 15498 of 2020 THE ABOVE W.P. TO STAY OPERATION OF ORDER DTD 22.01.2020 PASSED ON IA NO.III IN OS NO.202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC, BELUR TILL THE DISPOSAL OF THE ABOVE W.P. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs: "i) Issue a writ of certiorari or any other writ or order to quash/set aside the order passed on I.A.No.III dated 22.01.2020 passed in OS No.202/2019 by the Court of Civil Judge & JMFC, Belur and consequently, order/Judgment dated 18.02.2020 passed in MA 07/2020 by the Court of Senior Civil Judge, Belur vide Anenxure-F and H, ii) Dismiss IA No.III dated 22.01.2020 passed in OS 202/2019 by the Court of Civil Judge & JMFC, Belur. iii) Grant such other or further relief deems fit to grant in the circumstance of the case, in the interest of justice." 2. Sri. K C Shanthakumar, learned counsel for the petitioner submits that the respondent - plaintiff filed a suit for permanent injunction against the petitioner - defendant. In the said suit, the Trial Court granted temporary injunction, which was challenged by the petitioner in MA No.7/2020, and the Appellate court dismissed the appeal. It is submitted that this - 3 - HC-KAR NC: 2025:KHC:23501 WP No. 15498 of 2020 Court in this petition directed the parties to maintain status- quo, and the same is in force and may be continued till disposal of the suit. It is submitted that the parties would lead evidence and cooperate for early disposal. Hence, he seeks to dispose of the writ petition by continuing the interim order granted by this Court till disposal of the suit. 3. Per contra, Sri A Ravishankar, learned counsel for the respondent submits that the Trial Court as well as Appellate Court have concurrently recorded the findings that the respondent is in possession of the property based on the gift deed, and there is no merit in the present petition. It is submitted that if the status-quo as ordered by this Court continues till disposal of suit, there is every likelihood that the petitioner may take advantage of the same and try to interfere with the respondent's possession. Hence, he seeks to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioner, learned counsel for the respondent and meticulously perused the material available on record. I have - 4 - HC-KAR NC: 2025:KHC:23501 WP No. 15498 of 2020 given my anxious consideration to the submissions advanced on both sides. 5. The respondent filed OS No.202/2019 seeking the relief of permanent injunction with regard to the suit schedule property. It is the case of the respondent that his father has executed a registered gift deed dated 25.9.2007, and pursuant to the same, he is in possession and enjoyment of the suit schedule property and petitioner is trying to interfere with his possession. 6. The Trial Court, pending consideration of the aforesaid suit, considered the application filed by the respondent under Order 39 Rule 1 and 2 of CPC and by the detailed order granted the order of temporary injunction on 22.1.2020. Being aggrieved, the petitioner filed MA No.7/2020 before the learned Senior Civil Judge, Belur. The said appeal came to be dismissed on 18.2.2020. The Trial Court as well as the Appellate Court have concurrently recorded the clear findings with regard to the prima facie made out by the respondent and he is in possession of the suit schedule property. - 5 - HC-KAR NC: 2025:KHC:23501 WP No. 15498 of 2020 7. Be that as it may, the Trial Court is required to consider the suit on its merit based on the pleadings and evidence on record. This Court on 23.12.2020 has directed the parties to maintain status-quo till the next date of hearing, and the same is in force till day. I am of the considered view that the ends of justice would be met if the interim order granted by this Court on 23.12.2020 is ordered to be continued till disposal of the suit and no prejudice would be caused to the respondent. 8. It is made clear that the Court has not expressed any opinion with regard to the findings recorded under the impugned orders in this petition. The Trial Court shall consider the pending suit and dispose of the same in accordance with law. 9. In view of the aforementioned reason, I proceed to pass the following: ORDER i) The petition is disposed of; ii) The parties are directed to maintain status-quo till disposal of the suit with regard to possession over the suit schedule property. - 6 - HC-KAR NC: 2025:KHC:23501 WP No. 15498 of 2020 No order as to costs. In view of disposal of the writ petition, pending I.A.Nos.1 and 2 of 2025 are disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BKM List No.: 1 Sl No.: 23