- 1 - NC: 2025:KHC:13862 MFA No. 3472 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3472 OF 2024 (CPC) BETWEEN: 1. SMT. SIDDAGANGAMMA AGED ABOUT 57 YEARS, W/O LATE RAMAKRISHNAIAH, 2. SMT. L. R. NAGAMANI, AGED ABOUT 36 YEARS, D/O LATE RAMAKRISHNAIAH, 3. L.R. MANJUNATHA AGED ABOUT 34 YEARS, S/O LATE RAMAKRISHNAIAH, 4. L.R. KANTHARAJU AGED ABOUT 32 YEARS, S/O LATE RAMAKRISHNAIAH, ALL ARE RESIDENTS OF LAKSHMIPURA VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE – 562 162. …APPELLANTS (BY SRI. HARSHA KUMAR GOWDA H R, ADVOCATE) AND: 1. THE MANAGING DIRECTOR OF BMTC SHANTHINAGARA, K H ROAD, BANGALORE – 560 027. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13862 MFA No. 3472 of 2024 2. THE HON’BLE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, DR B.R AMBEDKAR VEEDHI, BANGALORE – 560 001. 3. THE HON’BLE SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE – 560 001. 4. THE TAHSILDAR BANGALORE NORTH TALUK, BANGALORE – 560 001. …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 29.02.2024 PASSED ON IA. NO.1 IN RA.NO.19/2023 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. The appellants/plaintiffs have filed this appeal against the order passed on I.A.No.1 filed under Order - 3 - NC: 2025:KHC:13862 MFA No. 3472 of 2024 XXXIX Rules 1 and 2 read with Section 151 of CPC in R.A.No.19/2023 on the file of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as ‘the First Appellate Court’ for short) thereby, an application filed for temporary injunction was dismissed. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. The suit filed by the appellants/plaintiffs seeking a declaration and permanent injunction was dismissed. Against which, the plaintiffs have preferred an appeal in R.A.No.19/2023. In the said regular appeal, the appellants/plaintiffs have filed an application, I.A.No.1 under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, seeking an order of temporary injunction, the same was dismissed. The appellants/plaintiffs have contended that they are in possession over the suit schedule land and have perfected their title by adverse possession and the - 4 - NC: 2025:KHC:13862 MFA No. 3472 of 2024 possession was not taken by the respondent/BMTC. Therefore, they pray for the grant of an order of temporary injunction, arguing that the respondent/BMTC is not in possession of the suit schedule land. 5. It is the case of the appellants/plaintiffs that the suit schedule land is Government land and the appellants/plaintiffs are in possession over the property, which was handed over to the BMTC. When this being the fact, the correctness of the judgment and decree of the Trial Court is in question before the First Appellate Court in R.A.No.19/2023. At this stage, the interim order cannot be granted, then only recourse is directing the First Appellate Court to hear and dispose of the appeal in accordance with law, which would suffice the parties in the case. Therefore, the direction is given to the First Appellate Court to dispose of the appeal within a period of six months from the date of receipt of copy of this order in accordance with law on merits. - 5 - NC: 2025:KHC:13862 MFA No. 3472 of 2024 6. With the above observations, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE BSR, SRA List No.: 1 Sl No.: 37