- 1 - HC-KAR NC: 2025:KHC:32985 WP No. 5792 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5792 OF 2025 (GM-CPC) BETWEEN: C.GANGAPPA S/O LATE CHANNA BHOVI AGED ABOUT 68 YEARS R/AT CHOWDADENAHALLI HOKKALERI HOBLI KOLAR TALUK – 563 101. …PETITIONER (BY SRI M.C.BASAVARAJU, ADVOCATE) AND: KRISHNAMMA W/O LATE GANGAPPA Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32985 WP No. 5792 of 2025 AGED ABOUT 56 YEARS R/AT CHOWDADENAHALLI HOKKALERI HOBLI KOLAR TALUK – 563 101. …RESPONDENT (BY SRI THYAGARAJ, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 13/01/2023 PASSED BY THE THIRD ADDITIONAL CIVIL JUDGE AND JMFC, KOLAR IN O.S. NO. 594/2022 ON I.A. NO. 1 VIDE ANNEXURE- E TO THE WRIT PETITION AND THE IMPUGNED ORDER DATED 26/11/2024 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC KOLAR IN M.A. NO. 02/2023 VIDE ANNEXURE- H TO THE WRIT PETITION AND BE PLEASED TO DISMISS THE I.A. NO. 1 FILED BY THE PLAINTIFF AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32985 WP No. 5792 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – defendant is before this Court calling in question an order dated 26.11.2024, passed by the II Additional Senior Civil Judge and JMFC, Kolar, in M.A.No.02/2023, whereby, affirming the order dated 13.01.2023, passed by the III Additional Civil Judge and JMFC, Kolar, which allows an application filed by the plaintiff under Order XXXIX Rules 1 and 2 of the CPC, seeking temporary injunction in O.S.No.594/2022. 2. Heard Sri M.C.Basavaraju, learned counsel for petitioner and Sri Thyagaraj, learned counsel for respondent. 3. The respondent - plaintiff institutes a suit for injunction along with an application under Order XXXIX Rules 1 and 2 of the CPC, seeking temporary injunction, on the score that the defendant is obstructing to the construction put up by the plaintiff. The concerned Court by a reasoned order grants temporary injunction. This order granting temporary injunction is challenged before the first appellate Court in M.A.No.2/2023 - 4 - HC-KAR NC: 2025:KHC:32985 WP No. 5792 of 2025 and the first appellate Court again by a reasoned order, rejects the appeal. Therefore, they are concurrent findings of both the concerned Courts. 4. Learned counsel appearing for the respondent - plaintiff further submits that the present defendant has also instituted a suit in O.S.No.598 of 2022, in which again there is a direction not to interfere with the possession of the plaintiff in O.S.No.594/2022. 5. In that light, there is no warrant of interference to the orders passed by the concerned Courts, which are rendered on cogent reasons. Finding no merit in the petition, the petition stands is rejected. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 38 CT:SS