- 1 - NC: 2025:KHC:1323 WP No. 14791 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14791 OF 2024 (GM-CPC) BETWEEN: 1. H.R. BYATEGOWDA SON OF RAMEGOWDA AGED ABOUT 71 YEARS 2. SATHEESH S/O H. R. BYATEGOWDA AGED ABOUT 43 YEARS BOTH ARE RESIDING AT HEGGERE VILLAGE KASABA HOBLI, TURUVEKERE TALUK TUMKURU DISTRICT-572 227. …PETITIONERS (BY SRI. KUSHAL GOWDA .,ADVOCATE FOR SRI. BYREGOWDA N, ADVOCATE) AND: 1. KAMAKSHAMMA W/O H. R. SHIVANNA @ SHIVAPPAGOWDA AGED ABOUT 61 YEARS 2. H. S. SRINIVASA @ H. S. SRIDHARA S/O H. R. SHIVANNA @ SHIVAPPAGOWDA AGED ABOUT 33 YEARS BOTH ARE RESIDING AT HEGGERE VILLAGE KASABA HOBLI, TURUVEKERE TALUK TUMKURU DISTRICT-572 227. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE ORDER DATED 14TH JUNE 2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC TURVEKERE IN MA NO. 04 OF 2021 FILED IN OS.60/2020 (ANNEXURE-E ) BY THE CIVIL JUDGE AND JMFC, TURUVEKERE DATED: 18.02.2021 (ANNXURE-F) AND Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1323 WP No. 14791 of 2024 CONSEQUENTLY DISMISS THE IA NO. 4 FILED IN OS 60/2020 (ANNX-E) BY THE CIVIL JUDGE AND JMFC, TURUVEKERE IN ITS ENTIRETY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners/defendant Nos.4 and 5, challenging the order dated 14.06.2022 passed by the Senior Civil Judge & JMFC, Turuvekere in M.A.No.04/2021, whereby the First Appellate Court has allowed the said miscellaneous appeal by setting aside the order dated 18.02.2021 passed on I.A.No.4 filed under Order XXXIX Rule 1 and 2 of CPC in O.S.No.60/2020. 2. The plaintiffs have filed a suit for permanent injunction. Along with the plaint, they filed an application under Order XXXIX Rule 1 and 2 of CPC seeking temporary injunction to restrain defendant Nos.4 and 5 from causing obstruction to lift the water from the bore-well situated in the suit schedule property. The trial Court by order dated - 3 - NC: 2025:KHC:1323 WP No. 14791 of 2024 18.02.2021 dismissed the said application. Being aggrieved by the same, the plaintiffs filed M.A.No.04/2021 before the Senior Civil Judge & JMFC, Turuvekere. The First Appellate Court by order dated 14.06.2022 allowed the appeal and granted temporary injunction restraining defendant Nos.4 and 5 from causing obstruction to the plaintiffs to lift the water from the bore-well existed in the suit schedule property. 3. There is no error or illegality in the order dated 14.06.2022 passed by the Senior Civil Judge & JMFC, Turuvekere in M.A.No.04/2021. However, since the suit before the trial Court is in the stage of evidence of the parties, the trial Court may be directed to dispose of the suit, in accordance with law, forthwith. 4. Accordingly, I pass the following order: ORDER a) The writ petition is dismissed. - 4 - NC: 2025:KHC:1323 WP No. 14791 of 2024 b) Since the suit before the trial Court is in the stage of evidence of the parties, the trial Court is directed to dispose of the suit in O.S.No.60/2020 pending on the file of the Civil Judge & JMFC, Turuvekere, as expeditiously as possible, not later than six months from the date of receipt of certified copy of this order. c) The parties are directed to cooperate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 4