- 1 - NC: 2025:KHC:8257 WP No. 4366 of 2025 C/W WP No. 4136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4366 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 4136 OF 2025 (GM-CPC) IN WP NO. 4366/2025 BETWEEN: 1. SRI. PUTTASWAMAIAH S/O GANAPATHAIAH AGED ABOUT 67 YEARS 2. SMT. JAYAMMA W/O PUTTASWAMAIAH AGED ABOUT 57 YEARS 3. SHIVAKUMAR S/O PUTTASWAMAIAH AGED ABOUT 35 YEARS 4. BETTASWAMY S/O PUTTASWAMAIAH AGED ABOUT 32 YEARS 5. ANIL KUMAR S/O LATE RAMESHA AGED ABOUT 37 YEARS 6. KEMPAMMA W/O LATE RAMESHA AGED ABOUT 57 YEARS ALL ARE R/AT CHALAMASANDRA VILLAGE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8257 WP No. 4366 of 2025 C/W WP No. 4136 of 2025 HULIYURDURGA HOBLI,KUNIGAL TALUK TUMKUR DISTRICT-572130. …PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H R.,ADVOCATE) AND: SMT. PARVATHAMMA W/O LATE RAMANNA AGED ABOUT 70 YEARS R/AT CHALAMASANDRA VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT-572130. …RESPONDENT (BY SRI. M B CHANDRACHOODA.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:08.01.2025 PASSED IN M.A.NO.38/2024 BY THE LEARNED ADDL.SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL PRODUCED AT ANNEXURE-J AND ETC. IN WP NO. 4136/2025 BETWEEN: 1. SMT KEMPAMMA W/O LATE RAMESHA AGED ABOUT 57 YEARS 2. RAJESHA C H S/O LATE HYAMAIAH @ THAMMAIAH AGED ABOUT 50 YEARS 3. PREMAMMA W/O LATE KARITHIMMAIAH AGED ABOUT 43 YEARS 4. JAYAMMA W/O PUTTASWAMY - 3 - NC: 2025:KHC:8257 WP No. 4366 of 2025 C/W WP No. 4136 of 2025 AGED ABOUT 63 YEARS 5. SANNAMMA W/O DODDAVEERAIAH AGED ABOUT 49 YEARS 6. ANIL KUMAR C R S/O LATE RAMESHA AGED ABOUT 35 YEARS ALL ARE R/AT CHALAMASANDRA VILLAGE HULIYURDURGA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572130. ...PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H R., ADVOCATE) AND: 1. SMT PARVATHAMMA W/O LATE RAMANNA AGED ABOUT 69 YEARS 2. JAGADEESHA C R S/O LATE RAMANNA AGED ABOUT 43 YEARS 3. UMARANI K C W/O JAGADEESH AGED ABOUT 36 YEARS 4. ASHOK C R S/O LATE RAMANNA AGED ABOUT 35 YEARS 5. ASHA S W/O C R ASHOKA AGED ABOUT 29 YEARS ALL ARE R/AT CHALAMASANDRA VILLAGE HULIYURDURGA HOBLI, - 4 - NC: 2025:KHC:8257 WP No. 4366 of 2025 C/W WP No. 4136 of 2025 KUNIGAL TALUK TUMKUR DISTRICT - 572130. ...RESPONDENTS (BY SRI. M B CHANDRACHOODA., ADVOCATE FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.01.2025 PASSED IN M.A.NO.36/2024 BY THE LEARNED ADDL.SENIOR CIVIL JUDGE AND JMFC AT KUNIGAL PRODUCED AT ANNEXURE-H AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. These writ petitions under Article 227 of the Constitution of India are filed by the petitioners challenging the order dated 08.01.2025 passed by the Addl. Senior Civil Judge and JMFC, Kunigal, in M.A.No.38/2024 and M.A.No.36/2024 respectively, whereby the First Appellate Court has allowed the said appeals. 2. O.S.No.319/2023 is filed for relief of permanent injunction and O.S.No.3/2024 is filed for relief of declaration that the ‘C’ schedule property is the road for - 5 - NC: 2025:KHC:8257 WP No. 4366 of 2025 C/W WP No. 4136 of 2025 ingress and egress. The plaintiffs in both the suits had filed application under Order 39 Rules 1 and 2 of CPC. The Trial Court by order dated 27.09.2024 had rejected the application filed in O.S.No.319/2023 and the Trial Court by order dated 27.09.2024 had allowed the application filed in O.S.No.3/2024 and granted an order of temporary injunction. Being aggrieved by the orders passed by the Trial Court, the plaintiffs in O.S.No.319/2023 filed M.A.No.38/2024 and defendants in O.S.No.3/2024 filed M.A.No.36/2024 before the Court of Addl. Senior Civil Judge & JMFC, Kunigal. The First Appellate Court by impugned order dated 18.01.2025 has allowed both the appeals. Being aggrieved by the order passed by the First Appellate Court, the present petitions are filed. 3. The learned counsel for the petitioners has contended that there was a road in between the properties of the petitioners and respondents herein. They are using the road from time immemorial and now the respondents herein are trying to block the road. Therefore, they have - 6 - NC: 2025:KHC:8257 WP No. 4366 of 2025 C/W WP No. 4136 of 2025 filed the suit for relief of declaration that the ‘C’ schedule property is the road for ingress and egress. 4. The learned counsel for the respondents has contended that there was no road existing between the properties of petitioners and respondents herein. Even in the partition deed, there is no reference in respect of the road. Since the petitioners herein are trying to form the road in the property belonging to respondents herein, respondents herein have filed the suit for relief of permanent injunction. 5. Heard the learned counsel for the parties. Perused the writ papers. 6. In O.S.No.3/2024, the application filed under Order 39 Rules 1 and 2 of CPC has been allowed by the Trial Court. In O.S.No.319/2023, the application filed under Order 39 Rules 1 and 2 has been rejected by the Trial Court. Challenging the said orders, miscellaneous appeals have been preferred before the First Appellate Court. The - 7 - NC: 2025:KHC:8257 WP No. 4366 of 2025 C/W WP No. 4136 of 2025 First Appellate Court by impugned order has allowed both the appeals. 7. As per the finding of the First appellate Court, there is no reference in the partition deed that there is a road existing. Since the dispute in respect of existence of road is pending before the Trial Court in the suit, under the circumstances, this Court is of the opinion that the only relief that can be granted at this stage, is to permit the petitioners herein to use the disputed property/road only as a pathway with a condition that they shall not use that pathway for movement of any vehicles. Further, they shall not alter the nature of the pathway, till the disposal of the suits. 8. With the above observation, the writ petitions are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 8