- 1 - NC: 2025:KHC:11942 WP No. 32440 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.32440 OF 2024 (GM-CPC) BETWEEN: 1. SRI GURUMURTHY M S/O LATE MUNIRAJU AGED ABOUT 33 YEARS R/O RAYASANDRA VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 561 203. 2. SRI. LAKSHMINARAYANAPPA S/O BOMMAIAH AGED ABOUT 69 YEARS 3. SMT. G.B. LAKSHMINARASAMMA D/O LATE LAKHSMIDEVAMMA AGED ABOUT 51 YEARS PETITIONER NOS.2 AND 3 ARE R/O GUNJUR VILLAGE TUBAGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 203. …PETITIONERS (BY SRI. C.R.GOPALASWAMY, SR. COUNSEL FOR SRI. ONKARAPPA N. D., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11942 WP No. 32440 of 2024 AND: 1. SRI G C SRINIVAS S/O LATE G.C.CHANNAPPA AGED ABOUT 69 YEARS R/O NO. 188/13/1, 1ST CROSS PUTTENAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560 064 2. G.C. CHOWDAPPA S/O LATE G.C. CHANNAPPA AGED ABOUT 65 YEARS 3. SRI. G.C. SHIVAKUMAR S/O LATE G.C. CHANNAPPA AGED ABOUT 60 YEARS 4. SMT. G.C. SHYLAJA D/O LATE G.C. CHANNAPPA AGED ABOUT 56 YEARS 5. SRI. G.C. PARAMESHWARA S/O LATE G.C. CHANNAPPA AGED ABOUT 52 YEARS R/O NO.2061, NEAR KMH DEVARAJANAGARA DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT – 561 203. RESPONDENT 1 TO 4 ARE REPRESENTED BY GPA HOLDER SRI. G.C. PARAMESHWAR S/O NO.2061, NEAR KMH DEVARAJANAGAR, - 3 - NC: 2025:KHC:11942 WP No. 32440 of 2024 DODDABALLAPURA TOWN, BENGALURU RURAL DISTRIC-561203. RESPONDENT NOS.1 TO 5 ARE R/O NO.2061, NEAR KMH DEVARAJANAGAR, DODDABALLAPURA TOWN, BENGALURU RURAL DISTRIC-561203. 6. SMT. G.B. PUSPHALATHA D/O LATE LAKHSMIDEVAMMA AGED ABOUT 45 YEARS R/O GUNJUR VILLAGE TUBGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561203. 7. SMT. G.B. MANJULA D/O LATE LAKHSMIDEVAMMA AGED ABOUT 48 YEARS R/O GUNJUR VILLAGE TUBGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT 561 203. 8. SRI. CHANDRASHEKAR S/O SRI SAMPANGIRAMAIAH AGED ABOUT 36 YEARS R/O THOGATURU, MAKALI VILLAGE TUBAGERE HOBLI DODDABALALPURA TALUK BENGALURU RURAL DISTRICT-561 203. 9. SMT. G.B. BAHGYALAKSHMAMMA D/O LATE LAKHSMIDEVAMMA AGED ABOUT 44 YEARS R/O GUNJUR VILLAGE TUBGERE HOBLI DODDABALLAPURA TALUK - 4 - NC: 2025:KHC:11942 WP No. 32440 of 2024 BENGALURU RURAL DISTRICT 561203 10. SRI. G.N. NARASAPPA S/O C. NARASIAPPA AGED ABOUT 63 YEARS R/O GUNJUR VILLAGE TUBGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT 561203. 11. SRI. SAMPANGIRAMIAH S/O LATE NAGAPPA ABED ABOUT 66 YEARS R/O THOGATURU, MAKALI VILLAGE TUBAGERE HOBLI DODDABALALPURA TALUK BENGALURU RURAL DISTRICT-561203. 12. SRI. N. BALAPPA S/O LATE NARASAPPA AGED ABOUT 70 YEARS R/O NO.7, 1 D MAIN ROAD 6TH CROSS, GOKULA 1ST STAGE 3RD PHASE, YESWANTHPURA BENGALURU-560 022. …RESPONDENTS (BY SRI. UDAY HOLLA, SR. COUNSEL FOR SRI. NARAYAN M. NAIK, ADVOCATE FOR R1 TO R5; NOTICE TO R6 TO R12 D/W V/O DT:21.03.2025) THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, DODDABALAPURA IN O.S.NO.445/2023 ON IA NO. 1 AND 2 DTD. 22.04.2023 ANNX-F OF THE WRIT PETITOIN AND SAME IS CONFIRMED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND - 5 - NC: 2025:KHC:11942 WP No. 32440 of 2024 JMFC DODDABALAPURA IN MA NO.12/2024 DTD. 01.10.2024 WHICH IS PRODUCED AT ANNX-H OF THIS WRIT PETITION. 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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners-defendant Nos.1, 3 and 8 challenging the order dated 01.10.2024 passed by the Senior Civil Judge & JMFC, Doddaballapur in M.A.No.12/2024, whereby the First Appellate Court has dismissed the appeal and confirmed the order dated 22.04.2024 passed by the Principal Civil Judge and JFMC, Doddaballapura, on I.A.No.1 filed by the plaintiffs under Order 39 Rules 1 and 2 of CPC and I.A.No.II filed by defendants under Order 39 Rule 4 of CPC in O.S.No.445/2023. 2. The plaintiffs filed the suit for bare injunction. Along with the plaint, the plaintiffs also filed I.A.No.I under Order 39 Rules 1 and 2 of CPC. On service of suit summons, the - 6 - NC: 2025:KHC:11942 WP No. 32440 of 2024 defendants appeared and filed written statement and also filed I.A.No.II under Order 39 Rule 4 of CPC. The Trial Court by order dated 22.04.2024 has allowed I.A.No.I filed by the plaintiffs granting an order of temporary injunction and rejected I.A.No.II filed by the defendants. Being aggrieved by the said order passed by the Trial Court, the defendants filed M.A.No.12/2024 before the Senior Civil Judge and JMFC, Doddaballapur. The First Appellate Court, after hearing the parties, by impugned order has dismissed the appeal and confirmed the order passed by the Trial Court. Being aggrieved by the order passed by the First Appellate Court, the present petition is filed. 3. The suit is filed only for the relief of bare injunction. The pleadings of the parties are completed. 4. Under the circumstance, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the suit in accordance with law, by the end of July 2025. - 7 - NC: 2025:KHC:11942 WP No. 32440 of 2024 5. Parties are directed to co-operate for early disposal of the suit. 6. It is made clear that the parties are directed to maintain status-quo in respect of the suit schedule property till the disposal of the suit. 7. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 36