- 1 - HC-KAR NC: 2025:KHC:30294 WP No. 14405 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO. 14405 OF 2021 (GM-CPC) BETWEEN: SMT. M. ROOPAVATHI, W/O T. HARISHA, AGED ABOUT 36 YEARS, R/AT NO.83, 11TH CROSS, JNANA GANGA NAGARA, ULLAL MAIN ROAD, MALLATHAHALLI, JNANABHARATHI, BENGALURU - 560056 …PETITIONER (BY SRI. VASANTH KUMAR H.T., ADVOCATE) AND: SRI B.V. VENKATESH S/O LATE VENKATASWAMY, AGED ABOUT 60 YEARS, R/AT NO.460, 7TH CROSS, GANESHA BLOCK, NANDHINI LAYOUT, BENGALURU - 560096 …RESPONDENT (BY SMT. SARITHA A.L., ADVOCATE SRI. S. SHANKARACHAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 16.07.2021 PASSED BY THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN M.A.NO.52/2021 CONFIRMING THE ORDER PASSED BY THE LEARNED 3RD ADDL. CIVIL JUDGE JUNIOR DIVISION, BENGALURU RURAL DISTRICT BENGALURU IN O.S.NO.537/2021 ON I.A.NO-I VIDE ANNX-K AND ETC., Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30294 WP No. 14405 of 2021 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING – B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER This writ petition is filed praying to quash the impugned order dated 16.07.2021, on the file of the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru (‘the Appellate Court’ for short) passed in M.A.No.52/2021 vide Annexure-K and to quash the impugned order dated 01.07.2021 passed by III Additional Civil Judge (Junior Division), Bengaluru Rural District, Bengaluru passed in O.S.No.537/2021 on I.A.No.I vide Annexure-G. 2 The petitioner herein is the appellant in M.A.No.52/2021 and plaintiff in O.S.No.537/2021 and the respondent herein is the respondent in M.A.No.52/2021 and defendant in O.S.No.537/2021. 3. Heard the learned counsel for the petitioner as well as respondent and perused the records. - 3 - HC-KAR NC: 2025:KHC:30294 WP No. 14405 of 2021 4. The brief facts of the case are that the petitioner instituted O.S.No.537/2021 before the Court of the III Additional Civil Judge, Junior Division, Bengaluru Rural District, seeking a decree of permanent injunction restraining the respondent and his agents, legal heirs, and any persons claiming under him from interfering with her peaceful possession and enjoyment of the suit schedule property. It is the case of the petitioner that Site No.31, V.P. Khatha No.525, measuring East to West 67½ feet and North to South 70 feet, situated at Karivobanahalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, was originally owned by Smt. Venkatamma W/o Late Maistry Venkataswamy and Sri Venkatesh S/o Late Maistry Venkataswamy, who were the absolute owners of the suit schedule property, sold the said site to one Sri Sathyanarayana Guptha S/o Late Ram Swaroop Guptha through a registered sale deed dated 12.05.1997. - 4 - HC-KAR NC: 2025:KHC:30294 WP No. 14405 of 2021 5. Upon the demise of Sri Sathyanarayana Guptha on 23.01.2004, his wife Smt. Seetha Devi Guptha and his children inherited the property and continued in lawful possession and the khata was made in the name of Smt.Seetha Devi Guptha, who regularly paid taxes in respect of the said property. Thereafter, through a registered sale deed dated 06.04.2017, the said Smt. Seetha Devi Guptha and her children sold the Eastern portion of Site No.31, measuring East to West 23 feet and North to South 70 feet, in all measuring 1610 sq.ft., along with an A.C. sheet house and civic amenities, in favour of the petitioner through a registered sale deed. Pursuant to which, Khata was transferred in the petitioner’s name and he was in possession of the property. 6. The grievance of the petitioner is that the respondent, being a person with political background, without any lawful claim, illegally trespassed into the suit schedule property, demolished the existing shed constructed by the petitioner’s vendor and attempted to - 5 - HC-KAR NC: 2025:KHC:30294 WP No. 14405 of 2021 forcibly occupy the premises. Petitioner filed the present suit along with an application under Order 39 Rules 1 and 2 CPC seeking temporary injunction restraining the respondent from interfering with the peaceful possession and enjoyment of the petitioner’s suit schedule property. 7. The respondent filed a written statement and contested the suit. The grievance of the petitioner is that the Trial Court, without appreciating the documents produced, rejected the application for temporary injunction filed under Order 39 Rules 1 and 2 of CPC, which is confirmed by the Appellate Court. 8. It is contended by the learned counsel appearing for the petitioner that the petitioner had made out a prima facie case for grant of temporary injunction and had produced substantial documentary evidence to establish lawful possession over the suit schedule property. 9. Per contra, learned counsel appearing for the respondent would contend that the as on the date of filing - 6 - HC-KAR NC: 2025:KHC:30294 WP No. 14405 of 2021 O.S.No.537/2021 before the III Additional Civil Judge (Rural), Bengaluru and M.A.No.52/2021 before the Principal Senior Civil Judge (Rural), Bengaluru, the petitioner was not in possession of the suit schedule property. Therefore, respondent has produced several documentary evidence for proving his physical possession. 10. This Court by Order by order dated 19.08.2021, directed the parties to maintain status quo and not to put up any construction therein. The said status quo order has been in operation till today. In view the status quo order, the Trial Court could not proceed with the matter. 11. In an injunction suit, lawful possession and interference must be established. Therefore, at this stage, without dwelling upon the merits of the case, it is directed that both the parties shall maintain status quo till the disposal of the suit in O.S.No.537/2021 on the file of the III Additional Civil Judge, Bengaluru Rural District, - 7 - HC-KAR NC: 2025:KHC:30294 WP No. 14405 of 2021 Bengaluru. It is further directed that both the parties shall co-operate for expeditious disposal of the suit. With the above direction, the petition is disposed of. Sd/- (DR.K.MANMADHA RAO) JUDGE GH/BNV List No.: 1 Sl No.: 58