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2025 DAILYLAW 35842 (KAR)

SMT AMRUTHA v. SRI T RAMESH

WP/1285/2024 · 2025-01-25

H T Narendra Prasad

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3389 WP No. 1285 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1285 OF 2024 (GM-CPC) BETWEEN: 1. SMT AMRUTHA AGED ABOUT 22 YEARS W/O LATE VENKATESH R/O ANUPAHALLI VILLAGE SULIBELE HOBLI, HOSKOTE TLAUK BENGALURU RURAL DISTRICT 562129. 2. SRI HANUMANTHAPPA B AGED ABOUT 60 YEARS S/O LATE BAYANNA 3. THIPPAREDDY AGED ABOUT 46 YEARS S/O H MUNIYAPPA 4. SRI ANJINAPPA AGED ABOUT 57 YEAS S/O THOTTEPPA PETITIONERS 2 TO 4 ARE R/AT DANAVAHALLI VILLAGE NARASAPURA HOBLI KOLAR TALUK -563133 …PETITIONERS (BY SRI. NATARAJA BALLAL A.,ADVOCATE) AND: SRI T RAMESH AGED 48 YEARS S/O THIMMARAYPPA R/O OLD SAMPIGEHALLI VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3389 WP No. 1285 of 2024 BANNERUGHATTA POST MANTAPA GRAMA PANCHAYATH ANEKAL TALUK BENGALURU-560083. …RESPONDENT (BY SRI. TEJAS N.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE ORDER DATED: 06/12/2023 PASSED BY I ADDL. SENIOR CIVIL JUDGE AND C.J.M., KOLAR IN M.A. 31/2023 AND ALSO THE ORDER DATED 12/07/2023 ON I.A. NO. 1 IN O.S. 305/2022 PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC, KOLAR GRANTING INJUNCTION (ANNEXURE-L AND J) 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 defendant Nos. 1 to 4 under Articles 226 & 227 of the Constitution of India, challenging the order dated 06.12.2023 passed by I Additional Senior Civil Judge and CJM, Kolar in MA No.31/2023, whereby the order dated 12.07.2023 passed by the I Additional Civil Judge and JMFC, Kolar granting temporary injunction in favour of the plaintiff has been confirmed. - 3 - NC: 2025:KHC:3389 WP No. 1285 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 trial court, after hearing the parties, has granted temporary injunction, by order dated 12.07.2023. Being aggrieved by the same, the petitioners/defendant Nos. 1 to 4 have filed an appeal before the I Additional Senior Civil Judge & C.J.M., Kolar in M.A.No.31/2023. The I Appellate Court confirmed the order passed by the trial court. Being aggrieved by the same, the defendant Nos. 1 to 4 are before this Court. 3. This Court, at the time of admission, on 11.03.2024, granted an interim order, directing the parties to maintain status-quo in all respects as on that day, in respect of suit schedule properties. That order is in force till today. 4. Now, the matter is posted for evidence before the trial court. Under these circumstances, this writ petition can be disposed of. 5. Accordingly, the following order is passed: - 4 - NC: 2025:KHC:3389 WP No. 1285 of 2024 (i) The order passed by the trial court, which is confirmed by the I Appellate Court is modified to the effect that the parties are directed to maintain status-quo in respect of suit schedule properties till the disposal of the suit. (ii) 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. (iii) Both the parties are directed to co-operate for speedy disposal of the suit. (iv) All the contentions of the parties are kept open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 92