- 1 - NC: 2025:KHC:2512 WP No. 20175 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20175 OF 2024 (GM-CPC) BETWEEN: 1. SRI. PUTTARAMAIAH S/O LATE C R RAMALINGAPPA AGED ABOUT 73 YEARS 2. SRI. PARASHIVAMURTHY S/O PUTTARAMAIAH AGED ABOUT 44 YEARS 3. JAYARAMA S/O PUTTARAMAIAH AGED ABOUT 37 YEARS 4. VISHWANATH S/O LATE C R RAMALINGAPPA AGED ABOUT 57 YEARS 5. KALAVATHI W/O VISHWANATH AGED ABOUT 54 YEARS ALL ARE R/O CHIKKATI VILLAGE AND POST BEGURU HOBLI, GUNDLUPETE TALUK CHAMARAJANAGAR DISTRICT …PETITIONERS (BY SRI. SHIVAYOGIMATH.,ADVOCATE) AND: SRI. JAYAGURU S/O LATE C G GURAPPA AGED ABOUT 72 YEARS, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2512 WP No. 20175 of 2024 R/O CHIKKATI VILLAGE AND POST BEGUR HOBLI GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT. …RESPONDENT (BY SRI. M R HIREMATHAD.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 IF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DTD 18.06.2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, GULDLUPET IN M.A.NO. 9/2022, VIDE ANNEXURE-E AND THE ORDER ON IA NO. I/2022 DATED: 13.09.2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, GUNDLUPET IN OS NO. 77/2020, VIDE ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 the defendants under Article 227 of the Constitution of India, challenging the order dated 18.06.2024 passed by the learned Senior Civil Judge and JMFC, Gundlupet in M.A.No.9/2022, confirming the order dated 13.09.2022 passed by the Principal Civil Judge and JMFC, Gundlupet on IA No.1 filed under Order XXXIX Rules 1 and 2 in O.S.No.77/2020. - 3 - NC: 2025:KHC:2512 WP No. 20175 of 2024 2. The plaintiff filed a suit for injunction. Along with the plaint, he has filed an application under Order XXXIX Rules 1 and 2 of CPC. The same has been allowed. Being aggrieved by the same, the petitioners/defendants filed an appeal before the Senior Civil Judge and JMFC, Gundlupet in MA No.9/2022. The appeal is dismissed and the orders passed by the trial court has been confirmed. Being aggrieved by the same, the petitioners/defendants are before this Court. 3. The learned counsel for the petitioners/defendants submitted that as on the date of filing the suit, the petitioners/defendants are in possession of the property. The same has been disputed by the learned counsel for the respondent/plaintiff. 4. The learned counsel for the respondent/plaintiff submitted that the respondent/plaintiff is in the possession of the property. - 4 - NC: 2025:KHC:2512 WP No. 20175 of 2024 5. After considering the materials available on record, both the courts have rightly granted an injunction. Be that as it may. 6. Since the suit is at the stage of evidence, the order passed by the trial court as well as the I Appellate Court requires to be modified and the parties be directed to maintain status-quo, as on today, till the disposal of the suit. 7. Accordingly, the following order is passed: (i) The writ petition is disposed of. (ii) The order dated 13.09.2022 passed by the trial court on IA No.1 in O.S.No.77/2020 and the order dated 18.06.2024 passed by the I Appellate Court in M.A.No.9/2022 are modified. (iii) The parties are directed to maintain status- quo as on today. (iv) It is made clear that the petitioner shall not lock the gate, which is shown in the - 5 - NC: 2025:KHC:2512 WP No. 20175 of 2024 document No.1, filed before this Court, by the respondent/plaintiff, till the disposal of the suit. (v) The trial court is directed to dispose of the suit as expeditiously as possible, not later than six months from the date of receipt of a copy of this order. (vi) The parties are directed to co-operate for expeditious disposal of the suit. (vii) In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 70