- 1 - NC: 2025:KHC:17341 WP No. 12225 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12225 OF 2025 (GM-CPC) BETWEEN: SMT. SUNANDA W/O ANNEGOWDA AGED ABOUT 62 YEARS REP. BY HER HUSBAND GPA HOLDER MR. ANNEGOWDA S/O VENKATEGOWDA AGED ABOUT 71 YEARS R/AT 3RD CROSS, RAMAIAH REDDY COLONY BASAVANAGARA, BENGALURU-560037. …PETITIONER (BY SRI. T SESHAGIRI RAO., ADVOCATE) AND: 1. DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572101. 2. CHIEF ENGINEER ETHINAHOLE PROJECT ZONE GHANDI NAGARA THUMKURU. -572101. 3. EXECUTIVE ENGINEER ETHINAHOLE PROJECT DIVISION IV, MADHUGIRI TOWN THUMKURU DISTRICT-572101. …RESPONDENTS (BY SMT. ANITHA N, AGA. FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO SETTING ASIDE THE IMPUGNED ORDER DATED: 21.03.2025 AS FOUND AT ANNEXURE-A AND PASSED BY II ADDL. SENIOR Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17341 WP No. 12225 of 2025 CIVIL JUDGE AND CJM AT TUMAKURU IN RA 27/2025 SUCH NECESSARY ORDERS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. Learned AGA is directed to take notice to respondent No.1. 2. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-plaintiffs, seeking for the following prayers: “A. Issue a Writ/Direction/Order in the nature of Certiorari or any such other Writ/order/Direction setting aside the impugned order dated 21/03/2025, as found at Annexure-A and pass such necessary orders by the II Additional Senior Civil Judge & CJM at Tumakuru in R.A.No.27/2025, continuing the interim order dated 24/03/2025, as found at Annexure-D passed by the II Additional Senior Civil Judge and CJM at Tumkur in R.A No.27/2025 to meet the end of Justice and equity. - 3 - NC: 2025:KHC:17341 WP No. 12225 of 2025 B. Consequentially Grant such other relief/s or order/s as this Hon'ble Court deems fit in the interest of justice.” 3. The plaintiff has filed the suit for permanent injunction. After appearance, defendants have filed an application under Order VII Rule 11 of CPC. The same has been allowed and the plaint has been rejected by order dated 28.02.2025. Being aggrieved by the same, the plaintiff has filed R.A.No.27/2025 before Principal Senior Civil Judge and CJM, Tumakuru. Along with the appeal, the appellant has filed an application under Section XLI Rule 5 read with Section 151 of CPC to stay the operation of the order passed by the trial Court in O.S.No.810/2023. The First Appellate Court by order dated 24.03.2025 granted an order of status-quo in respect of the possession of the suit properties. Thereafter, the respondents have appeared through counsel and filed a memo objecting for extension of the interim order. On that memo, the First Appellate Court has passed the impugned order dated - 4 - NC: 2025:KHC:17341 WP No. 12225 of 2025 21.04.2025. Being aggrieved by the same, the present petition has been filed. 4. Be that as it may, now the appeal filed by the petitioner is pending before the First Appellate Court in R.A.No.27/2025. 5. In view of the above, the First Appellate Court is directed to dispose of the appeal i.e. R.A.No.27/2025 pending before the II Additional Senior Civil Judge and JMFC, Tumakuru, after hearing all the parties, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of certified copy of this order. 6. Till then, the parties are directed to maintain status- quo in respect of the suit schedule property. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 35