- 1 - HC-KAR NC: 2025:KHC:42557 WP No. 24138 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 24138 OF 2022 (GM-CPC) BETWEEN: 1. YELAGE GOWDA SINCE DEAD BY LRS SMT.BHARATHI N W/O LATE H. YALAGE GOWDA AGED ABOUT 56 YEARS. 2. SMT. LAKSHIKH C.Y. S/O H.YALAGE GOWDA AGED ABOUT 26 YEARS. 3. SMT. KEERTHANA Y D/O LATE H. YELAGE GOWDA AGED ABOUT 25 YEARS ALL ARE R/AT NO.13 MAREGOWDA BUILDING NEAR ANJANEYA TEMPLE THANISANDRA AGRAHARA BANGALORE NORTH DR.SHIVARAMA KARANTH NAGAR BENGALURU NORTH BENGALURU - 560 077. …PETITIONERS (BY SRI YASHWANTH NETAJI N.T, ADV., FOR SRI K.V. NARASIMHAN, ADV.) AND: 1. SMT. CHANDRAMMA W/O MUTTU P AGED ABOUT 57 YEARS R/AT BEEDIGANAHALLI VILLAE NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT - 562 101. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42557 WP No. 24138 of 2022 2. SRI KRISHNAPPA S/O LATE HANUMANTHARAYAPPA AGED ABOUT 62 YEARS R/AT CHANDALAPURA VILLAGE NANDI HOBLI, CHIKKABALLAPURA TALUK AND DISRICT - 562 101. 3. SRI B.G. SRINIVAS PRASAD S/O LATE S. GUNDU RAO AGED ABOUT 42 YEARS R/AT NANJUNDESWARA NILAYA BEHIND MUNICIPAL OFFICE WARD NO.23, BAGEPALLI CHIKKABALLAPURA DISTRICT - 562 101. …RESPONDENTS (BY SRI NAGARAJA N NAIDU, ADV.; SRI RAKESH BHAT, ADV., AND SRI YASHWANT B, JOOJAR, ADV.,) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 25.07.2022 PASSED IN M.A.BO.39/2020 BY THE LEARNED II-ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHIKKABALLAPURA AT ANNEXURE-J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the plaintiffs with a prayer to set aside the order dated 25.07.2022 passed in M.A.No.39/2020 by the Court of II Addl. Senior Civil Judge and JMFC, Chikkaballapura. - 3 - HC-KAR NC: 2025:KHC:42557 WP No. 24138 of 2022 2. Heard the learned counsel appearing for the parties. 3. The petitioners had filed O.S.No.266/2019 before the jurisdictional civil Court at Chikkaballapura seeking the relief of decree of permanent injunction against the defendants. In the said suit, I.A.No.I was filed under Order XXXIX Rule 1 and 2 R/w Section 151 of CPC with a prayer to restrain defendant no.1 from putting up further construction over the suit schedule property. The said application was opposed by the defendants by filing objection. The Trial Court vide the order dated 09.03.2020 had allowed I.A.No.I filed in O.S.No.266/2019. As against the said order, defendant no.1 had filed M.A.No.39/2020 before the Court of II Addl. Senior Civil Judge & JMFC, Chikkaballapura, which was allowed by the order impugned dated 25.07.2022. Being aggrieved by the same, the petitioners / plaintiffs are before this Court. 4. Learned counsel for the respondents submits that, the construction work in suit schedule property is already completed and defendants do not intend to put up any further - 4 - HC-KAR NC: 2025:KHC:42557 WP No. 24138 of 2022 construction in the suit schedule property during pendency of O.S.No.266/2019. 5. The said submission is placed on record. 6. In view of the said submission, I m of the opinion that, it is not necessary for this Court to go into the merits of the case and the writ petition can be disposed of directing the Trial Court to disposed of O.S.No.266/2019 as expeditiously as possible and if such an order is passed, the same would secure the ends of justice. 7. Accordingly, the following:- ORDER (i) Writ petition is disposed of with a request to Trial Court to dispose of O.S.No.266/2019 on merits as expeditiously as possible but not later than a period of one year from the date of receipt of certified copy of this order. (ii) It is needless to state that any construction put up by the defendants in - 5 - HC-KAR NC: 2025:KHC:42557 WP No. 24138 of 2022 the suit schedule property, after filing of O.S.No.266/2019 shall be subject to result of suit. Pending IAs' do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 25