- 1 - NC: 2025:KHC:11451 WP No. 30866 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 30866 OF 2024 (GM-CPC) BETWEEN: SRI. THIMMAPPA S/O BASAPPA AGED ABOUT 61 YEARS AGRICULTURIST R/O NALKUNDA VILLAGE MAYAKONDA HOBLI DAVANAGERE TALUK AND DISTRICT – 577534. …PETITIONER (BY SRI. R GOPAL., ADVOCATE) AND: SRI. RAMAPPA S/O NAVILEHAL MARULAPPA AGED ABOUT 66 YEARS AGRICULTURIST R/O NALKUNDA VILLAGE DAVANAGERE TALUK AND DISTRICT - 577534 …RESPONDENT (BY SRI. V B SIDDARAMAIAH., ADVOCATE) THIS WRIT PETITION IS FILED UNDER 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23/02/2024 PASSED BY I ADDITIONAL Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11451 WP No. 30866 of 2024 SENIOR CIVIL JUDGE AND JMFC AT DAVANAGERE IN MA NO. 28 OF 2023 VIDE ANNEXURE-B 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 the defendant under Article 227 of the Constitution of India, challenging the order dated 23.02.2024 passed in M.A.No.28/2023, by the I Additional Senior Civil Judge and JMFC, Davanagere, whereby the petitioner/defendant was restrained from putting up construction in ‘B’ and ‘C’ schedule properties. 2. The plaintiff filed a suit for permanent injunction and also mandatory injunction for removal of construction put up by the defendant in ‘B’ and ‘C’ schedule properties. Along with the plaint, he filed an application under Order 39 Rules 1 and 2 of CPC . The trial court, by order dated 16.08.2023 rejected the application. Being aggrieved by the same, the plaintiff filed an appeal before the Appellate Court in MA No.28/2023. The Appellate Court, by order - 3 - NC: 2025:KHC:11451 WP No. 30866 of 2024 dated 23.02.2024 allowed the appeal and restrained the petitioner/defendant from putting up any construction on ‘B’ and ‘C’ Schedule properties. Being aggrieved by the same, the petitioner is before this Court. 3. It is not in dispute that the defendant is in possession of the suit schedule property and he has put up construction. As per the photographs produced by him, he has already put up ground floor construction in the ‘B’ and ‘C’ Schedule properties, he has to complete the construction by plastering, flooring, fixing of the doors and windows. At this stage, if he is restrained from completing the construction work, it will damage the building. Under these circumstances, in the interest of justice, the order passed by the Appellate court requires to be modified with certain conditions. 4. In view of the above, the following order is passed: (i) The writ petition is allowed in part. - 4 - NC: 2025:KHC:11451 WP No. 30866 of 2024 (ii) The order dated 23.02.2024 passed by the Appellate Court in M.A.No.28/2023 is modified to the effect that the defendant is permitted to complete the construction of ground floor by plastering, flooring and fixing the doors and windows and other interiors. (iii) It is made clear that the petitioner/defendant has to file an affidavit before the trial court that, in case, if he is unsuccessful in the suit, he will not claim any equity. (iv) The further construction is subject to condition of his obtaining necessary permission from the competent authority. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 36