- 1 - HC-KAR NC: 2025:KHC-D:17075 WP No. 102271 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.102271 OF 2022 (GM-CPC) BETWEEN: 1. BASANAGAOUDA S/O. TIMMANAGOUDA PATIL, AGE. 69 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 2. SMT. LAXMIBAI W/O. VENKANAGOUDA PATIL, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 3. BABUGOUDA S/O. SHIVANAGOUDA PATIL, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 4. VITTALGOUDA S/O. SHIDDANAGOUDA PATIL, AGE. 54 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 5. SABAPPA M/O. YALLAWWA MADAR, AGE. 37 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. … PETITIONERS (BY SRI. S.S. BETURMATH, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17075 WP No. 102271 of 2022 AND: 1. HANAMANT S/O. KRISHNAPPA PUJER, AGE. 61 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 2. BASAPPA S/O. KRISHNAPPA PUJER, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 3. RANGAPPA S/O. KRISHNAPPA PUJER, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 4. PANDAPPA S/O. BALAPPA PUJER, AGE. 59 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 5. MARUTI S/O. LAXMAPPA PUJER, AGE. 57 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 6. SMT. RENAWWA W/O. HANAMANT PUJER, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 7. PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT HOSAKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. - 3 - HC-KAR NC: 2025:KHC-D:17075 WP No. 102271 of 2022 8. VENKATESH S/O. BHIMASHEPPA NAIK, AGE. 66 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. 9. NEELAPPA S/O. SANTAPPA PUJERI, AGE. 74 YEARS, OCC. AGRICULTURE, R/O. GUTTIGOLI-HOSKOTI, TQ. RAMDURG, DIST. BELAGAVI-591 130. … RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR R1; NOTICE TO R2 TO R7 IS SERVED; NOTICE TO R8 AND R9 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 09/06/2022 IN MISC. APPEAL NO.2/2018 PASSED BY THE SENIOR CIVIL JUDGE RAMDURG, VIDE ANNEXURE-G AND CONSEQUENTLY ALLOW THE IA NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 CPC IN O.S. NO.9/2018 PENDING ON THE FILE OF CIVIL JUDGE RAMDURG FILED BY THE PETITIONERS HEREIN AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17075 WP No. 102271 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Heard the learned counsel appearing for the petitioners and learned counsel appearing for respondents. 2. This petition is filed assailing the order dated 09.06.2022 passed on I.A.No.2 by the learned Senior Civil Judge, Ramdurg (for short ‘Appellate Court’) in Miscellaneous Appeal No.2/2018, wherein, I.A.No.II filed for temporary injunction is rejected. 3. In terms of the impugned order, Appellate Court has vacated interim temporary injunction order granted in favour of the petitioners/plaintiffs vide order dated 19.11.2018 by learned Civil Judge, Ramdurg in O.S.No.9/2018. 4. This Court vide order dated 07.02.2023, had stayed operation of impugned order dated 09.06.2022 - 5 - HC-KAR NC: 2025:KHC-D:17075 WP No. 102271 of 2022 passed in Miscellaneous Appeal No.2 of 2018 by Appellate Court. 5. It is submitted by the learned counsel for the petitioners that after the stay order granted by this Court, there is no disturbance from the other side. 6. Learned counsel appearing for the respondents would submit that order of stay granted on 19.11.2018 by the learned Civil Judge, Ramdurg in O.S.No.9/2018, is not tenable as the Miscellaneous Appeal No.2/2018 was allowed and consequently, injunction was rejected. 7. The Court has considered the contentions raised at the Bar and perused the records. 8. The order dated 07.02.2023 passed by this Court, is in operation till today. In terms of the said order, the Court has stayed operation of order dated - 6 - HC-KAR NC: 2025:KHC-D:17075 WP No. 102271 of 2022 09.06.2022 passed in Miscellaneous Appeal No.2/2018. 9. Under these circumstances, without entering into the merits of the claim of either of the parties, without entering into the merits of orders passed by the Trial Court as well as Appellate Court, the parties are directed to co-operate with early disposal of the suit bearing O.S.No.9/2018, which is pending since 2018. 10. The order dated 07.02.2023 passed by this Court, staying the operation of the order dated 09.06.2022 in Miscellaneous Appeal No. 2/2018, shall continue till the disposal of the suit. 11. It is made clear that this order should not be construed as having reflected anything on the merits of claim of either of the parties. - 7 - HC-KAR NC: 2025:KHC-D:17075 WP No. 102271 of 2022 12. With above observations, the writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 74