- 1 - NC: 2025:KHC:1166 WP No. 32391 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 32391 OF 2024 (GM-CPC) BETWEEN: 1. V S VENKATESHA GOWDA S/O LATE SIDDALINGI SANNEGOWDA AGED ABOUT 72 YEARS R/AT VALALAHALLI VILLAGE AND POST HETHRU HOBLI, SAKALESHPURA TALUK HASSAN DSITRICT 573123 PRESENTLY R/AT NO 100 NANDINI DOLLARS SCHEME NANDHINI LAYOUT, BENGALURU 560096. 2. V S NAGARJU S/O LATE SIDDALINGI SANNEGOWDA AGED ABOUT 62 YEARS R/AT VALALAHALLI VILLAGE AND POST HETHUR HOBLI SAKALESPURA TALUK HASSAN DSITRICT 573123 …PETITIONERS (BY SRI. HARISH N K.,ADVOCATE) AND: 1. V N MUTHEGOWDA S/O LATE NIRVANEGOWDA AGED ABOUT 74 YEARS R/AT VALALAHALLI VILLAGE HETHUR HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT 573123. 2. V N PRAMILA W/O G A ASHOK AGED ABOUT 48 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1166 WP No. 32391 of 2024 R/AT VALALAHALLI VILLAGE HETHUR HOBLI SAKALESHPURA TALUK HASSAN DISTRICT 573123. 3. V T RAJU S/O THIPPEGOWDA AGED ABOUT 65 YEARS R/AT VALALAHALLI VILLAGE HETHUR HOBLI SAKALESHPURA TALUK HASSAN DISTRICT 573123 …RESPONDENTS (NOTICE TO R1 & R2 ARE SERVED AND UNREPRESENTED: NOTICE TO R3 IS HELD SUFFICIENT V/O DATED: 13.01.2020) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 24/09/2024 IN MA NO. 2/2024 ON THE FILE OF HONBLE SENIOR CIVIL JUDGE AND JMFC AT SAKALESHPURA, PRODUCED AT ANNEXURE-A AND THEREBY SET ASIDE THE ORDER DATED 16/01/2024, ON IA-II FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CP C FILED IN O S NO. 345/2023 ON THE FILE OF HON’BLE CIVIL JUDGE AND J MFC AT SAKALESHPURA PRODUCED AT ANNEXURE-B 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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners/defendants Nos.1 and 4, challenging the order dated 24.09.2024 passed by the Senior Civil Judge and JMFC, Sakaleshpura in M.A.No.02/2024, whereby the order dated 16.01.2024 - 3 - NC: 2025:KHC:1166 WP No. 32391 of 2024 passed on I.A.No.II filed under Order XXXIX Rule 1 and 2 of CPC in O.S.No.345/2023 on the file of the Civil Judge and JMFC, Sakaleshpura has been confirmed. 2. Respondents were served and unrepresented. 3. Learned counsel appearing for the petitioners/ defendants Nos. 1 and 4 has contended that the plaintiff has filed the suit for bare injunction. He contended that the plaintiff claiming the possession on the basis of allegedly created revenue records. As on today, the petitioners are in possession of the property and are also benefited from an injunction order passed in O.S.No.178/2021, filed by the petitioners herein before the JMFC, Sakleshpura. 4. In view of the above, the order dated 16.01.2024 passed on I.A.No.II filed under Order XXXIX Rule 1 and 2 of CPC in O.S.No.345/2023 on the file of the Civil Judge and JMFC, Sakaleshpura and confirmed by order dated - 4 - NC: 2025:KHC:1166 WP No. 32391 of 2024 24.09.2024 passed by the Senior Civil Judge and JMFC, Sakaleshpura, in M.A.No.2/2024, is modified. 5. The parties are directed to maintain status-quo, in respect of possession of the property, till disposal of the suit. 6. With the above said modification, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 43