- 1 - HC-KAR NC: 2025:KHC:38282 MFA No. 2566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2566 OF 2025 (CPC) BETWEEN: VENKATARAMANA RAJU AGED ABOUT 84 YEARS, S/O LATE R.L. RAJU, NO.76, RANGA RAO ROAD, SHANKARAPURAM, BENGALURU-4. …APPELLANT (BY SRI. G.S. PRASANNA KUMAR, ADVOCATE) AND: 1. H. JAYAMMA SINCE DECEASED BY HER LRS P DHANRAJ AGED ABOUT 60 YEARS, S/O LATE V. PAPANNA AND LATE H. JAYAMMA, NO.2, SEVEN HILLS, SATISH NILAYA, 4TH FLOOR, 1ST MAIN, TALAKAVERI LAYOUT, AMRUTHAHALLI, BENGALURU-92. 2. P. BABU AGED ABOUT 58 YEARS, S/O LATE V. PAPANNA AND LATE H. JAYAMMA, NO. 71, B-1 AREHALLI, GUDDAHALLI, BASHETTIHALLI POST, DODDABALLAPURA TALUK, BENGALURU RURAL-561 203. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38282 MFA No. 2566 of 2025 3. P. GIRISH AGED ABOUT 52 YEARS, S/O LATE V. PAPANNA AND LATE H. JAYAMMA, NO. 2, SEVEN HILLS, SATISH NILAYA, 4TH FLOOR, 1ST MAIN TALAKAVERI LAYOUT, AMRUTHAHALLI, BENGALURU-92. …RESPONDENTS (BY SRI. AKSHAY RAMACHANDRA HUDDAR, ADV FOR R1 TO R3) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 17.03.2025 PASSED MISC.NO.107/2019 ON THE FILE OF THE C/C XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.7), ALLOWING THE MISC. PETITION FILED UNDER ORDER XXXIX RULE 2(a) OF CPC WITH COST OF RS. 5,000/-. THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the appellant/respondent in Misc.No.107/2019 (in O.S.No.1754/2016) against the proceedings initiated under Order 39 Rule 2-A r/w Section 151 of CPC is allowed with cost of Rs.5,000/- and further it is ordered that the respondent to be detained in Civil Prison for a period of two months for willful violation of temporary injunction order passed in O.S.No.1754/2006 dated 25.11.2010. - 3 - HC-KAR NC: 2025:KHC:38282 MFA No. 2566 of 2025 2. The trial Court upon holding that the respondent in Misc. Petition who is the appellant herein is guilty of violation of order of temporary injunction dated 25.11.2010 is ordered to be detained in Civil Prison for a period of two months with cost of Rs.5,000/-. 3. Learned counsel for the respondents/petitioners in Misc.No.107/2019 submitted that the appeal may be allowed, but liberty may be reserved to initiate recovery of money proceedings as per law. 4. Submission made by learned counsel for the respondents/petitioners is placed on record. 5. Placing the said submission on record, the appeal is allowed. The impugned order dated 17.03.2025 passed in Misc.No.107/2019 (in O.S.No.1754/2006) by XXII Addl. City Civil & Sessions Judge, Bengaluru (CCH-7), is hereby set aside. - 4 - HC-KAR NC: 2025:KHC:38282 MFA No. 2566 of 2025 6. Liberty is reserved to the respondents who are the petitioners in Misc.No.107/2019 to initiate recovery of money proceedings as per law against the appellant herein, if there is any legal remedies are available. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 17