- 1 - HC-KAR NC: 2025:KHC:29037 MFA No. 6080 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6080 OF 2024 (CPC) BETWEEN: 1. SRI B BHASKAR NAIDU AGED ABOUT 52 YEARS, S/O B SURYANARAYANA, R/AT NO. 1040, 10TH MAIN, JUDICIAL LAYOUT, G K V K POST, YELAHANKA, BENGALURU - 560 065. …APPELLANT (BY SRI. RAGHAVENDRA C.,ADVOCATE) AND: 1. SRI VENUGOPAL REDDY H K AGED ABOUT 75 YEARS, W/O LATE H P KRISHNA REDDY, R/AT NO. 230/1, HOODI, WHITEFIELD MAIN ROAD, MAHADEVAPURAM ROAD, BENGALURU - 560 048. SINCE DECEASED BY HIS LRS 1(A) TRIPURA REDDY AGED ABOUT 73 YEARS W/O LATE H.K.VENUGOPAL REDDY (REPORTED DEAD DURING SERVICE OF NOTICE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29037 MFA No. 6080 of 2024 1(B) JAYANTH VENKATESH AGED ABOUT 39 YEARS S/O LATE H.K.VENUGOPAL REDDY 1(C) MINU VENUGOPALA REDDY AGED ABOUT 35 YEARS, D/O H.K.VENUGOPAL REDDY ALL RESIDING AT R/AT NO.230/1, HOODI, WHITEFIELD MAIN ROAD, MAHADEVAPURAM ROAD, BENGALURU - 560048. 2. SRI HARINDRANATH AGED ABOUT 69 YEARS, W/O LATE H P KRISHNA REDDY, R/AT NO. 2AC, 712, 2ND CROSS, HRBR LAYOUT, 1ST BLOCK, KALYANAGAR, BENGALURU - 560 043. …RESPONDENTS (BY SRI.AMRUTHESH.C ADV FOR C/R1(A) AND ALSO R1(B AND C) IN (CP NO.14456/2024) R1(B AND C) ARE LEGAL REPRESENTATIVES OF R1(A). R2 IS SERVED. THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 08.08.2024 PASSED ON I.A. NO. 1 IN O.S.NO. 8069/2023 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCCH.11), ALLOWING I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. - 3 - HC-KAR NC: 2025:KHC:29037 MFA No. 6080 of 2024 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The defendant No.1 in O.S.No.8069/2023 has filed this appeal challenging the order dated 08.08.2024 passed on I.A.No.1 filed under Order XXXIX Rules 1 and 2 Read with Section 151 of CPC in O.S.No.8069/2023 on the file of VI Additional City Civil and Sessions Judge, Bengaluru City (CCH-11), thereby the application filed for temporary injunction is allowed. 2. For convenience, parties are referred based on their ranking before the trial Court. Appellant was the defendant No.1, respondent No.1 was the plaintiff and the respondent No.2 was the defendant No.2. 3. Brief facts leading rise to filing of this appeal are as follows: The plaintiff has filed a suit for permanent injunction. The trial Court while granting temporary injunction has - 4 - HC-KAR NC: 2025:KHC:29037 MFA No. 6080 of 2024 observed that whether in the 'A' schedule property portion of the land has been used for Public road or not is a matter of trial. The plaintiff has disputed the correctness of survey. 4. Heard the arguments of the learned counsel for the respondents. 5. Learned counsel for the respondents submits that, now the work of Phodi is under litigation before the Karnataka Appellate Tribunal. He further submits that, unless the work of Phodi is completed, there could not be chances of expeditious progress before the trial Court in the suit. 6. Now, the suit is only for permanent injunction and it is not for declaration of title. It is upon the plaintiff to prove the possession of the property irrespective of schedule. Therefore, the order of grant of temporary injunction is rightly *granted, at the same time directing the trial Court to conduct the trial and dispose of the suit * Corrected vide court order dated 07.08.2025 - 5 - HC-KAR NC: 2025:KHC:29037 MFA No. 6080 of 2024 as early as possible within a period of one and half year from the date of receipt of copy of the order. With the above observation, the appeal is disposed of. 7. All the contentions of the parties are kept open. 8. The observations made in the said order shall not influence the trial Court to decide the case on merits. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RCK List No.: 1 Sl No.: 26