- 1 - HC-KAR NC: 2025:KHC-D:18312 WP No. 108361 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108361 OF 2025 (GM-CPC) BETWEEN: 1. ABDULMUNAF S/O. ABDULSATTAR NELLUR AGE: 49 YEARS, OCC: BUSINESS, R/O: ANCHATAGERI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 024. 2. SRI. MOHAMMED RAFIQUE S/O. ABDULSATTARNELLUR AGED 49 YEARS, OCC: BUSINESS, R/O: ANCHATAGERI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 024. …PETITIONERS (BY SRI. GURUDEV I. GACHCHINAMATH, ADVOCATE) AND: 1. SMT. NEELAVVA W/O. TIPANNA MOKASHI, AGED ABOUT 60 YEARS, OCC: HOUSEHOLD WORK, R/O: ANCHATAGERI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 024. 2. MARUTI S/O. TIPANNA MOKASHI, AGED 40 YEARS, OCC: BUSINESS, R/O: ANCHATAGERI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 024. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18312 WP No. 108361 of 2025 3. HANAMANTAPPA S/O. TIPANNA MOKASHI AGED 37 YEARS, OCC: BUSINESS, R/O: ANCHATAGERI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 024. 4. UMESH S/O. TIPANNA MOKASHI AGED 35 YEARS, OCC: BUSINESS, R/O: ANCHATAGERI VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-580 024. …RESPONDENTS (BY SRI. A.M. GUNDAWADE, ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER DATED 20-09-2025 MADE IN M.A. NO.4/2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, HUBBALLI PRODUCED AS ANNEXURE-E BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTIONS AND CONFIRM THE ORDER ON I.A. NO. II MADE IN O.S. NO.424/2024 PASSED BY THE VTH ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI PRODUCED AS ANNEXURE- D; GRANT SUCH OTHER RELIEFS AS THIS COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE INCLUDING AN ORDER FOR COSTS MAY KINDLY BE PASSED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18312 WP No. 108361 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. 2. This petition is filed challenging the order dated 20.09.2025 passed in M.A. No.4/2025 by the Principal Senior Civil Judge, Hubballi refusing to grant temporary injunction in favour of the plaintiffs/respondents by the First Appellate Court which has reversed the order passed by the V Additional Civil Judge, Hubballi on I.A. No.II in O.S. No.424/2024. 3. Admittedly, the Trial Court refused to grant temporary injunction in favour of the plaintiffs. The Appellate Court held that the plaintiffs are entitled to the temporary injunction. Needless to say, these observations made by the Trial Court and the First Appellate Court are tentative findings which will not have any bearing on the merits of the case of either of the parties when the Court has to decide the case after recording the evidence of the parties. - 4 - HC-KAR NC: 2025:KHC-D:18312 WP No. 108361 of 2025 4. Hence, the Trial Court shall dispose of the suit without being influenced by any of the observations made in the order passed by the Trial Court as well as the order passed by the Appellate Court. 5. The title and possession of the parties shall be decided with reference to the evidence to be led by the parties. With the above observations, the petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/CT-CNB List No.: 1 Sl No.: 16