- 1 - HC-KAR NC: 2025:KHC:21259 W.P. No.15034/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.15034/2020 (GM-CPC) BETWEEN: ANNAIAH SWAMY S/O MARISWAMY AGED ABOUT 34 YEARS R/AT. HOSAHOLALU VILLAGE ANTHARASANTHE HOBLI H D KOTE TALUK-571114. …PETITIONER (BY SRI. KUMARA K.G. ADV.,) AND: 1. NINGAIAH S/O LATE HENDAIAH @ RAMAIAH AGED ABOUT 70 YEARS. 2. PUTTASWAMY S/O LATE HENDAIAH @ RAMAIAH AGED ABOUT 63 YEARS. BOTH ARE R/AT HOSAHOLALU VILLAGE ANTHARASANTHE HOBLI H D KOTE TALUK-571114. …RESPONDENTS (BY SRI. R. BHADRINATH, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION TO SET ASIDE THE IMPUGNED ORDER DTD 04.12.2020 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, H D KOTE IN M.A.NO.22/2020 ANNEXURE-A. CONFIRM THE ORDER DTD 13.08.2020 PASSED BY THE HON'BLE ADDL. CIVIL Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:21259 W.P. No.15034/2020 JUDGE AND JMFC, HEGGADADEVANAKOTE IN O.S.NO.124/2020 ANNEXURE-E & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking the following reliefs: "a) Issue appropriate writ, order or direction to set aside the impugned order dtd:04.12.2020 passed by the Hon'ble Senior Civil Judge and JMFC, H.D. Kote in M.A.No.22/2020 (Annexure-A). b) To confirm the order dtd:13.08.2020 passed by the Hon'ble Addl. Civil Judge & JMFC, Heggadadevanakote in OS No.124/2020 (Annexure-E)." 2. Sri.Kumara K.G., learned counsel for the petitioner submits that the petitioner has filed O.S.No.124/2020 for permanent injunction against the respondents herein. In the said suit, the Trial Court allowed the application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908, by considering the material placed before it. Being aggrieved, the respondents preferred an appeal and the Appellate Court in M.A.No.22/2020 reversed the said order. Hence, the present petition. It is submitted that the petitioner is in settled possession based on the Will. However, the Appellate Court - 3 - HC-KAR NC: 2025:KHC:21259 W.P. No.15034/2020 could not consider the same in its proper perspective. It is further submitted that if the parties are directed to maintain status quo, they would continue the suit on its merits. 3. Per contra, learned counsel for the respondents submits that the Appellate Court has recorded a detailed reasoning for setting aside the order dated 13.08.2020 passed on I.A.No.1 in O.S.No.124/2020 and the same does not call for any interference. Learned counsel for the respondents also fairly submits that if the parties are directed to maintain the status quo and the Trial Court is directed to dispose of the suit on its own merits, without being influenced by the orders of this Court, ends of justice would be met. He, therefore seeks to pass appropriate orders. 4. I have heard the learned counsel for the petitioner, learned counsel for the respondents and perused the material available on record. 5. It is not in dispute that O.S.No.124/2020 was filed by the petitioner for permanent injunction against the defendants with regard to the suit schedule property. The said - 4 - HC-KAR NC: 2025:KHC:21259 W.P. No.15034/2020 suit is duly opposed by the respondents by filing written statement. The Trial Court considered the application filed by the petitioner under Order XXXIX Rule 1 and 2 of the CPC and allowed the same. However, the same came to be reversed by the Appellate Court in M.A.No.22/2020 vide order dated 04.12.2020. I am of the considered view that interest of justice would be met if the Trial Court is directed to consider the case of the petitioner-plaintiff on its merits instead of this Court recording the finding on the interlocutory applications. It is submitted at the Bar that the matter is posted for recording the evidence of the parties. Keeping the said fact in mind, I am of the considered view that directing the parties to maintain status quo till the disposal of the suit, would serve the interest of justice. It is made clear that the finding recorded by the Trial Court in its order dated 13.08.2020 while passing orders on the application filed under Order XXXIX Rule 1 and 2 of the CPC and the finding of the Appellate Court in M.A.No.22/2020 in its order dated 04.12.2020, shall not influence the Trial Court while deciding the suit on its merits. - 5 - HC-KAR NC: 2025:KHC:21259 W.P. No.15034/2020 6. For the aforementioned reasons, I proceed to pass the following: ORDER (i) The writ petition is disposed of. (ii) The parties to the suit in O.S.No.124/2020 are directed to maintain status quo with regard to the possession of the suit schedule property till the disposal of the suit. (iii) It is made clear that the Trial Court shall not be influenced by the findings of the Appellate Court and its order dated 13.08.2020 in deciding the suit. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 61