- 1 - NC: 2025:KHC:3390 WP No. 16508 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16508 OF 2023 (GM-CPC) BETWEEN: SRI SURESH S/O KUMARASWAMY T AGED ABOUT 45 YEARS TOTADA MANE, SRIRANGAPURA VILLAGE HARADANAHALLI HOBLI CHAMARAJANAGARA TALUK AND DISTRICT-571313. …PETITIONER (BY SRI. RAVISHANKAR S.,ADVOCATE) AND: 1. SRI MAHADEVAPPA S/O LATE CHIKKAMALLAPPA AGED ABOUT 70 YEARS R/AT NO.ANKASETYPURA VILLAGE HARADANAHALLI HOBLI CHAMARAJANAGARA TALUK & DISTRICT-571313. 2. SRI MALLESHA S/O LATE SIDDAMALLAPPA AGED ABOUT 45 YEARS R/AT BEVENATHALAPURA VILLAGE HARADANAHALLI HOBLI CHAMARAJANAGARA TALUK & DISTRICT-571313. 3. SRI SOMANNA S/O GURUSIDDAIAH AGED ABOUT 55 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3390 WP No. 16508 of 2023 4. SRI KANTHARAJU S/O BOLAPUTTA MESTRU AGED ABOUT 60 YEARS R3 AND R4 ARE R/AT VENKATAIAHNACHATRA VILLAGE CHAMRAJANAGAR TALUK AND DISTRICT …RESPONDENTS (BY SRI. M R HIREMATHAD.,ADVOCATE FOR R1: NOTICE TO R2 TO R4 ARE DISPENSED WITH V/O DATED: 29.08.2023) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE- G THE ORDER DATED 19/06/2023 PASSED IN MA 15 OF 2023 BY THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGARA BY GRANTING TEMPORARY INJUNCTION BY SETTING ASIDE THE ORDER PASSED ON 15/03/2023 VIDE ANNEXURE-E IN O.S. NO. 328 OF 2022 ON IA NO. I BY THE JUNIOR CIVIL JUDGE AND JMFC AT CHAMARAJANAGAR AND ALLOW THE APPLICATION FILED UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF CPC AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.1 under Article 227 of the Constitution of India, challenging the order dated 19.06.2023, passed by the Senior Civil Judge and CJM, Chamarajanagar in M.A.No.15/2023, whereby - 3 - NC: 2025:KHC:3390 WP No. 16508 of 2023 the appeal filed by the respondent/plaintiff has been allowed and temporary injunction has been granted. 2. The plaintiff filed a suit for injunction. Along with the plaint, he has filed an application under Order XXXIX Rules 1 and 2. The trial court dismissed the application by its order dated 15.03.2023. Being aggrieved by the same, the plaintiff filed an appeal before the Senior Civil Judge and CJM, Chamarajanagar in M.A.No.15/2023. The I Appellate Court, allowed the appeal and granted temporary injunction. Being aggrieved by the same, defendant No.1 is before this Court. 3. This Court, on 29.08.2023 directed the parties to maintain status-quo in respect of the suit schedule properties. The order passed by this Court is in force till today. 4. Now, the suit is at the stage of evidence. Under the circumstances, the writ petition can be disposed of by modifying the order passed by the I Appellate Court. - 4 - NC: 2025:KHC:3390 WP No. 16508 of 2023 5. Accordingly, the following order is passed: (i) The writ petition stands disposed of. (ii) The order dated 19.06.2023 passed by Senior Civil Judge and CJM, Chamarajanagar is modified to the effect that the parties are directed to maintain status-quo in respect of the suit schedule properties till the disposal of the suit. (iii) The trial court is directed to dispose of the suit, as expeditiously as possible, not later than one year from the date of receipt of a copy of this order. (iv) Both the parties are directed to co-operate for the expeditious disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 98