- 1 - HC-KAR NC: 2025:KHC-D:14245 WP No. 103171 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103171 OF 2025 (GM-CPC) BETWEEN: 1. LALAVVA W/O. SAKRAPPA LAMANI AGE: 56 YEARS, OCC: HOUSEHOLD, R/O. GUTTAL, TANDA, TALUK AND DIST: HAVERI. 2. MANJUNATH S/O. SAKRAPPA LAMANI AGE: 36 YEARS, OCC: AGRICULTURE, R/O. GUTTAL TANDA, TALUK AND DIST: HAVERI. …PETITIONERS (BY SRI. S.B.MALLIGAWAD, ADVOCATE) AND: KAMALAVVA W/O. NAGARAJ LAMANI AGE: 42 YEARS, OCC: HOUSEHOLD WORK, R/O. GUTTAL TANDA, TALUK AND DIST: HAVERI, NOTE: RESPONDENT WAS DEFENDANT BEFORE TRIAL COURT APPELLANT IN MA. …RESPONDENT (BY SRI. CHETAN T.LIMBIKAI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 20/03/2025 IN MA NO.04/2024 BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HAVERI IN MA NO.04/2024 VIDE ANNEXURE-G AND ETC. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14245 WP No. 103171 of 2025 THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order passed by the Appellate Court which allowed the appeal and has vacated the temporary injunction granted in favour of the plaintiffs and against the defendant. 2. The Trial Court had granted temporary injunction restraining the defendant from putting up the structure. The Appellate Court vacated the interim injunction order. 3. Learned counsel for the defendant/respondent submits that the defendant has put up the structure and construction is complete. He has produced the photographs relating to the alleged construction. 4. Learned counsel for the plaintiffs would submit that the construction has taken place during the pendency of the proceeding and there should not be any further construction. - 3 - HC-KAR NC: 2025:KHC-D:14245 WP No. 103171 of 2025 5. In case the building is constructed and same has affected the right of the plaintiffs, same shall be considered by the Trial Court as the alleged construction has taken place during the pendency of the proceeding. If the plaint requires any amendment on account of subsequent development, same shall be permitted, if so desired by the plaintiffs. 6. Under these circumstances, the petition is dismissed with the above observations. 7. It is made clear that this Court has not expressed anything on the merits of the claim of the plaintiffs or the defendant. 8. All contentions are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA Ct:vh List No.: 1 Sl No.: 54