- 1 - HC-KAR NC: 2025:KHC-D:16801 WP No. 104703 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104703 OF 2018 (GM-CPC) BETWEEN: 1. BASAVANNEPPA S/O BASAPPA JINNUR, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: TABAKADAHONNIHALLI, TQ: KALGHATAGI, DIST: DHARWAD-580 001. 2. IRAPPA S/O BASAPPA JINNUR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: TABAKADAHONNIHALLI, TQ: KALGHATAGI, DIST: DHARWAD-580 001. 3. BOODAPPA S/O BASAPPA JINNUR, AGE: 53 YEARS, OCC: AGRICULTURE, R/O: TABAKADAHONNIHALLI, TQ: KALGHATAGI, DIST: DHARWAD-580 001. 4. SIDDAPPA S/O BASAPPA JINNUR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O: TABAKADAHONNIHALLI, TQ: KALGHATAGI, DIST: DHARWAD-580 001. … PETITIONERS (BY SRI. S.A. CHAKALABBI, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:46 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16801 WP No. 104703 of 2018 AND: 1. HAJARESAB S/O ABDULSAB SUNKAD, AGE: 61 YEARS, OCC: AGRICULTURE, R/O: MALAKANAKOPPA, TQ: KALAGHATAGI, DIST: DHARWAD-580 001. 2. 2a. SHEKHARAPPA S/O MALLAPPA GOVINDANAVAR, SINCE DECEASED BY HIS LEGAL REPRESENTATIVES, SMT. NEELAVVA W/O SHANKRAPPA GOVINDANAVAR, AGE: 60 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: TABAKADAHONNIHALLI, TQ: KALGHATAGI, DIST: DHARWAD-580 001. … RESPONDENTS (BY SRI. S.R. HEGDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 31.08.2017 PASSED IN O.S. NO.19/2017 ON I.A. NO.1 BY THE CIVIL JUDGE JMFC COURT KALAGHATGI, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A AND THE ORDER DATED 27.02.2018 PASSED IN ME NO.6/2017 BY THE SENIOR CIVIL JUDGE AND JMFC KALAGHATGI, THE COPY OF WHICH HAS BEEN PRODUCED AT ANNEXURE-B. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16801 WP No. 104703 of 2018 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 31.08.2017 granting temporary injunction in favour of the plaintiffs and the order passed by the Appellant Court dismissing the miscellaneous appeal filed by the defendants. 2. Learned concerned appearing for the petitioners/ defendants would contend that the property in question is in possession of the petitioners, as the Land Tribunal has granted occupancy right in respect of 2 acres 5 guntas in Sy.No.154/2+3C of Solarguppa Village. 3. Learned counsel for the petitioners would submit that in the cross-examination, PW1 has admitted that 2 acre 11 guntas which is granted to the petitioners is part of the suit property measuring 6 acres 11 guntas. Thus he would contend that injunction order could not have been granted in favour of the plaintiffs. - 4 - HC-KAR NC: 2025:KHC-D:16801 WP No. 104703 of 2018 4. Learned counsel appearing for the respondents would contend that the suit property is different from the property for which occupancy is said to have been granted in favour of the petitioners. It is his submission that suit properties are Sy.No.154/2+3A and Sy.No.154/2+3 measuring 6 acres 11 guntas in all. It is his submission that occupancy is granted in favour of the plaintiffs and unless that order is called in question, the petitioners cannot contend that they are in possession of the property. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. The injunction is granted based on the occupancy right granted in favour of the plaintiffs. Names of the plaintiffs are entered in the property records pursuant to the grant made by the Land Tribunal. The order passed by the Land Tribunal is not called in question. 7. Under these circumstances, prima facie case is made out in favour of the plaintiffs and against the - 5 - HC-KAR NC: 2025:KHC-D:16801 WP No. 104703 of 2018 defendants. Both Courts have concurrently held that a case is made out for granting temporary injunction. In exercise of jurisdiction under Article 227 of Constitution of India, this Court does not find any reason to interfere with the said order, as the said orders are based on the order of the Land Tribunal and the consequent entry in the record of rights. 8. Hence, the following: ORDER i. Writ petition is dismissed. ii. It is made clear that the observations made in this order as well as the observations made in the order pass for the Trial Court and the First Appellate Court are only tentative observations and the said observations shall not influence the Trial Court while deciding the case on merits. Sd/- (ANANT RAMANATH HEGDE) JUDGE EM/CT:BCK LIST NO.: 1 SL NO.: 24