- 1 - HC-KAR NC: 2025:KHC:20994 W.P. No.7020/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.7020/2020 (GM-CPC) BETWEEN: SMT. GOWRAMMA W/O SRI. R.B. THAMMEGOWDA AGED ABOUT 71 YEARS R/O. RAYAPURA VILLAGE KASABA HOBLI, BELUR TALUK HASSAN DISTRICT-573115. …PETITIONER (BY SRI. CHANDRASHEKAR S, ADV., FOR SRI. C.G. GOPALASWAMY, ADV.,) AND: SMT. B.K. PARVATHI @ MANJULA DAUGHTER OF SRI. KARIGOWDA AGED ABOUT 44 YEARS R/AT HOSANAGARA, BELUR TALUK HASSAN DISTRICT 573115. …RESPONDENT (BY SRI. D.C. JAGADEESH, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS OF MA NO.10/2019, IN THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR. SET ASIDE THE ORDER DTD. 03.09.2019, IN MA NO. 10/2019, IN THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR, AT ANNX-F. DISMISS MA NO.10/2019, IN THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, BELUR & 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 Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:20994 W.P. No.7020/2020 ORAL ORDER This petition is filed seeking following reliefs: (a) Call for the records of MA No.10/2019, in the Court of the Senior Civil Judge and JMFC, Belur, (b) Set aside the order dated September 03, 2019, in MA No.10/2019, in the court of the Senior Civil Judge and JMFC, Belur, at Annexure F. (c) Dismiss MA No.10/2019, in the Court of the Senior Civil Judge and JMFC, Belur, (d) Restore the order dated February 05, 2019, on IA No.2 filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, in OS No.173/2018 in the Court of the Principal Civil Judge and JMFC, Belur, under annexure D, (e) grant such other relief/s as the Hon'ble Court may deem fit to grant in the facts and circumstances of the case, for the ends of justice. 2. Sri.Chandrashekar S., learned counsel for Sri.C.G.Gopalswamy, learned counsel appearing for the petitioner submits that the petitioner filed O.S.No.173/2018 for permanent injunction against the respondent with regard to the suit schedule property and in the said suit, the trial Court has granted temporary injunction. However, the same was challenged by the respondent in MA.No.10/2019 and the Appellate Court set - 3 - HC-KAR NC: 2025:KHC:20994 W.P. No.7020/2020 aside the said order. Being aggrieved, the present petition is filed. It is submitted that the petitioner is in possession of the suit schedule property and due to the interference of the respondent, the application came to be filed. In support of the possession, the petitioner has produced sufficient material before the trial Court. However, the Appellate Court did not consider the same. Hence, he seeks to allow the petition. 3. Per contra, Sri.D.C.Jagadeesh, learned counsel appearing for the respondent submits that the trial Court without considering the material on record has incorrectly granted temporary injunction which was reversed by the Appellate Court in MA.No.10/2019. The Appellate Court order clearly indicates that the petitioner has failed to make out the prima facie case, balance of convenience and irreparable loss. Hence, the order of the Appellate Court does not call for any interference. Hence, he seeks to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:20994 W.P. No.7020/2020 4. I have heard the arguments of learned counsel for the petitioner, learned counsel for the respondent and meticulously perused the material available on record. 5. Pleading and material available on record clearly indicates that the suit in O.S.No.173/2018 is pending adjudication before the Court of Civil Judge & JMFC, Belur and the said suit filed by the petitioner against the defendant is for permanent injunction and other prayers. Though the trial Court initially granted an order of injunction, the same came to be vacated by the Appellate Court in MA.No.10/2019 by recording the finding. The finding recorded by both the Courts need not be gone into in the present petition, in view of the fact that now the matter is posted for evidence of the parties on 07.07.2025, the interest of justice would be met if the parties are directed to maintain the status quo with regard to the suit schedule property till the disposal of the suit. It is made clear that various contentions urged by the parties in the present petition are not adverted to and no opinion - 5 - HC-KAR NC: 2025:KHC:20994 W.P. No.7020/2020 is expressed with regard to the merits of the case. For the aforementioned reasons, I proceed to pass the following: ORDER i) Writ petition is disposed of. ii) The parties are directed to maintain status quo with regard to possession of the suit schedule property till disposal of the suit. iii) The trial Court is directed to consider the disposal of the suit as early as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 55