- 1 - HC-KAR NC: 2025:KHC-D:17768 WP No. 109231 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109231 OF 2025 (GM-CPC) BETWEEN: 1. NANIKERI BANU S/O. MOHAMMED HANEEF, AGE: 46 YEARS, OCC: AGRICULTURIST, MUTAVALLI OF MUSLIM HANIF MOHALLA, JAMIYA MASJID JAMATH, KRISHNANAGAR, SANDUR TOWN, BALLARI-583119. 2. SUBHAN SAB S/O. BAHADDUR SAB, AGE. 52 YEARS, OCC: AGRICULTURE, SECRETARY, MUSLIM HANIF MOHALLA JAMIYA MASJID JAMATH, KRISHNANAGAR, SANDUR TOWN, BALLARI-583119. …PETITIONERS (BY SRI. R.M. JAVED, ADVOCATE & SRI. ANWAR BASHA, ADVOCATE) AND: M. SHANKARAPPA S/O. LATE CHANNABASAPPA, AGE: 66 YEARS, OCC: AGRICULTURE, R/O. WARD NO.12, NEAR MARATA SAMAJA, SONDUR TOWN, BALLARI-583119. …RESPONDENT (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR C/R1) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.11 15:01:56 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17768 WP No. 109231 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, KUDLIGI SITTING AT SANDUR IN MA NO.1/2024 DATED 26.9.2025 (ANNEXURE-G) FILED BY THE RESPONDENT/PLAINTIFF UNDER ORDER 43 RULE 1 CPC CHALLENGING THE ORDER PASSED BY CIVIL JUDGE AND JMFC, SANDUR IN O.S. NO.73/2023 DATED 26.10.2023 ON I.A. NO.I FILED BY PLAINTIFF/REPSONDENT UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 CPC AND ISSUE ANY OTHER APPROPRIATE ORDER/DIRECTION TO THE RESPONDENT AS DEEMED FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE COST OF PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 respondent. 2. This petition is filed assailing the order dated 26.09.2025 passed in M.A.No.1/2024 on the file of Senior Civil Judge1, in an appeal filed by the respondent/plaintiff challenging 1 For short, ‘Appellate Court’ - 3 - HC-KAR NC: 2025:KHC-D:17768 WP No. 109231 of 2025 the order dated 26.10.2023 passed on I.A.No.I in O.S.No.73/2023 on the file of Civil Judge, Sandur2. 3. The Trial Court rejected I.A.No.I filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 19083. Being aggrieved by the said order, the respondent/plaintiff preferred M.A.No.1/2024, wherein the Appellate Court allowed the appeal, set aside the order passed by the Trial Court, and granted a temporary injunction in favour of the plaintiff/respondent as against the defendants on I.A.No.I. 4. Learned counsel appearing for the petitioners submits that the property in question is an open land. Learned counsel for the respondent submits that there is a structure built by plaintiff. 5. Learned counsel appearing for the respondent/plaintiff submits that the petitioners are making an attempt to put up a Shadi Mahal in the property. 6. Under these circumstances, the Court is of the view that both parties should maintain status-quo till the disposal of 2 For short, ‘Trial Court’ 3 For short, ‘Code’ - 4 - HC-KAR NC: 2025:KHC-D:17768 WP No. 109231 of 2025 the suit. The Trial Court shall decide the suit in accordance with law. 7. With these observations, the petition is disposed of. 8. It is made clear that this Court has not expressed any opinion on the merits of the claim of either of the parties. 9. All contentions of the parties are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-MCK List No.: 1 Sl No.: 29