- 1 - NC: 2025:KHC:18222 WP No. 14171 of 2025 C/W WP.NO.14183 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14171 OF 2025 (GM-CPC) A/W WRIT PETITION NO.14183/2025 (GM-CPC) IN W.P.NO.14171/2025: BETWEEN: Sri. Basavaraju, S/o Late Chikkabasavaiah, Aged about 72 years, R/a Doddnallala Village, Jadigenhalli Hobli, Hosakote Taluk, Bangalore Rural District, Pincode : 562114. …Petitioner (BY Sri Punith C, Advocate) AND: Sri. Venkatesh S/o Late Beerappa, Aged About 55 Years, R/a Near Samudaya Bhavan, Veeranahalli Village, Bidarahalli Hobli, Virgonagar Post, Bangalore East Taluk, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18222 WP No. 14171 of 2025 C/W WP.NO.14183 OF 2025 Bangalore, Pin Code-560 049. …Respondent (By Sri A.G.Nagaraja, Advocate) This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the impugned order dated 29.04.2025 in M.A.No.42/2024 passed by the learned Senior Civil Judge, Hoskote as per Annexure-F and etc., IN W.P.NO.14183/2025: BETWEEN: Sri Basavaraju S/o Late Chikkabasavaiah, Aged about 72 Years, Residing At Doddnallala Village, Jadigenahalli Hobli, Hosakote Taluk, Bangalore Rural District, Pin Code-562 114. …Petitioner (BY Sri Punith C., Advocate) AND: 1. Sri Venkatesh S/o Late Beerappa, Aged about 55 Years, Residing At Near Samudaya Bhavan, Veeranahalli Village, Bidarahalli Hobli, Virgonagar Post, Bangalore East Taluk, - 3 - NC: 2025:KHC:18222 WP No. 14171 of 2025 C/W WP.NO.14183 OF 2025 Bangalore, Pin Code-560 049. 2. Smt. Shanthamma W/o Late Beerappa, Aged about 46 Years, Residing At Near Samudaya Bhavan, Veeranahalli Village, Bidarahalli Hobli, Virgonagar Post, Bangalore East Taluk, Bangalore Pin Code-560 049. 3. Sri. Naveen kumar S/o Late Beerappa, Aged About 30 Years, Residing At Near Samudaya Bhavan, Veeranahalli Village, Bidarahalli Hobli, Virgonagar Post, Bangalore East Taluk, Bangalore Pin Code-560 049. 4. Sri. Bharath S/o Late Beerappa, Aged About 28 Years, Residing At Near Samudaya Bhavan, Veeranahalli Village, Bidarahalli Hobli, Virgonagar Post, Bangalore East Taluk, Bangalore Pin Code-560 049. 5. Sri. Keerthi S/o Late Beerappa, Aged About 25 Years, Residing At Near Samudaya Bhavan, Veeranahalli Village, Bidarahalli Hobli, Virgonagar Post, Bangalore East Taluk, - 4 - NC: 2025:KHC:18222 WP No. 14171 of 2025 C/W WP.NO.14183 OF 2025 Bangalore Pin Code-560 049. 6. Sri. Kiran S/o Late Beerappa, Aged About 25 Years, Residing At Near Samudaya Bhavan, Veeranahalli Village, Bidarahalli Hobli, Virgonagar Post, Bangalore East Taluk, Bangalore Pin Code-560 049. …Respondents (By Sri A.G.Nagaraja, Advocate, for R1) This Writ Petition is filed under Article 227 of the Constitution of India praying to quash the impugned order dated 29.04.2025 in M.A.No.5/2025 passed by the learned Senior Civil Judge, Hoskote as per Annex-H and etc., These Writ Petitions coming on for preliminary hearing, this day, order was made therein as under: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The orders challenged in these two writ petitions are interlocutory orders dated 29.04.2025 passed in M.A.No.5/2025 and in M.A.No.42/2024 on the file of Senior Civil Judge, Hosakote, Bangalore Rural District ('First Appellate Court' for short) directing both the parties to maintain status-quo. - 5 - NC: 2025:KHC:18222 WP No. 14171 of 2025 C/W WP.NO.14183 OF 2025 2. M.A.No.5/2025 has been filed by the respondents herein being aggrieved by the order dated 09.04.2025 passed in O.S.No.65/2025 on the file of II Additional Civil Judge, JMFC, Hosakote ('Trial Court' for short) rejecting the applications in I.A.Nos.I and II filed by the respondents herein (who are plaintiffs in the said suit in O.S.No.65/2025). 3. M.A.No.42/2024 is also filed by the respondent herein being aggrieved by the order dated 30.09.2024 passed on I.A.No.I filed under Order 39 Rule 1 and 2 of CPC by the petitioner herein in his suit in O.S.No.87/2024 on the file of II Additional Civil Judge, JMFC, Hosakote (Trial Court for short), by which, the Trial Court had restrained the respondent herein interfering with the peaceful possession and enjoyment of the petitioner over the suit schedule property. 4. Since the parties and the subject matters of dispute are common, the aforesaid writ petitions are taken up for analogous hearing and disposal with the consent of the learned counsel for the parties. - 6 - NC: 2025:KHC:18222 WP No. 14171 of 2025 C/W WP.NO.14183 OF 2025 5. There appears to be a dispute with regard to very identity of the properties being claimed by the petitioner as well as the respondents respectively. 6. Since the First Appellate Court in the aforesaid Miscellaneous Appeals, by the impugned orders dated 29.04.2025, has merely directed both the parties to maintain status-quo as an interim measure and the aforesaid Miscellaneous Appeals filed by the respondents against the order passed in favour of the petitioner herein is still pending consideration on merits, after arguing the matter for considerable length of time, learned counsel for the parties submitted in unison that if a direction is issued to the First Appellate Court to dispose of the aforesaid appeals expeditiously, the same would serve the purpose in the interest of justice. Submission is taken on record. 7. Above writ petitions are disposed of. 8. The First Appellate Court shall endeavor to dispose of the Miscellaneous Appeals in M.A.No.5/2025 and in M.A.No.42/2024 as expeditiously as possible, within 60 days from the date of receipt of certified copy of this order. - 7 - NC: 2025:KHC:18222 WP No. 14171 of 2025 C/W WP.NO.14183 OF 2025 9. Parties are at liberty to urge all possible grounds available to them and shall be considered on merits at the time of disposal of the aforesaid Miscellaneous Appeals. SD/- (M.G.S. KAMAL) JUDGE KMV List No.: 1 Sl No.: 168