- 1 - NC: 2025:KHC-D:1474 MFA No. 100072 of 2021 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100072 OF 2021 (CPC) BETWEEN: SRI MANOHAR NINGAPPA YALIGOD, AGE: 67 YEARS, OCC: AGRICULTURE, R/O. MANIHAL VILLAGE, TALUK. RAMDURG, DISTRICT BELAGAVI-591126. …APPELLANT (BY SRI H.M. DHARIGOND, ADVOCATE.) AND: 1. SRI SHASHIKANT NINGAPPA YALIGOD SINCE DECEASED BY HIS LRS SMT. VIDYAVATI W/O. SHASHIKANT YALIGOD, AGE. 63 YEARS, OCC. HOUSEHOLD WORK, R/O. OM AI BUILDING, H.NO.1309, VANTAMURY COLONY, SRI NAGAR BEALGAVI, DISTRICT. BELAGAVI-590001. 2. SRI VIJAYA S/O. SHASHIKANT YALIGOD, AGE. 38 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. OM AI BUILDING, H.NO.1309, VANTAMURY COLONY, SRI NAGAR BEALGAVI, DISTRICT. BELAGAVI-590001. 3. SMT. LALITHA RAVI HOSUR SINCE DECEASED BY LRS MISS TRUPTI RAVI HOSUR, AGE. 35 YEARS, OCC. STUDENT, R/O. PLOT NO.40, SHIVAJI PARK, KOLHAPUR. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:1474 MFA No. 100072 of 2021 4. SMT. NIRMALA MALLESH NAGESHNAVAR, AIDEN NAME NIRMALA D/O. NINGAPA YALIGOD, AGE. 49 YEARS, OCC. AGRICULTURE, R/O. YADAHALLI, POST. SANGRESHKOPPA, TQ. SAVADATTI, DIST. BELAGAVI-591123. 5. SMT. SHOBHA RAVINDRA KALBURGI, MAIDEN NAME SHOBHA D/O. NINGAPPA YALIGOD, AGE. 47 YEARS, OCC. SERVICE, R/O. SULEBHAVI, TALUK. HUNAGUND, DISTRICT. BAGALKOT-587118. 6. SRI FAKIRAPPA YANKAPPA TALWAR, AGE. 47 YEARS, OCC. BUSINESS, R./O. JANATHA HOUSE ATMANANDA NAGAR, MANIHAL VILLAGE, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. 7. SRI RAMZAN SURKOD, AGE. 59 YEARS, OCC. TAILOR, R/O. MANIHAL VILLAGE, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. 8. THE MANAGER, BELAGAVI INDUSTRIAL CO-OPERATIVE BANK, SPM ROAD, BELAGAVI-591126. 9. THE MANAGER, SUREBAN URBAN CO-OPERATIVE BANK, SUREBAN, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. 10. SRI SHEKAPPA BASAPPA MEDAR, AGE. 52 YEARS, OCC. BUSINESS, R/O. MANIHAL VILLAGE, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. 11. THE MANAGER, AGRICULTURAL CO-OPERATIVE SOCIETY, R/O. MANIHAL VILLAGE, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. - 3 - NC: 2025:KHC-D:1474 MFA No. 100072 of 2021 12. SRI HANUMANTAPPA ROGANNAVAR, AGE. 77 YEARS, OCC. AGRICULTURE, RESIDENT OF LAKANAYAKANAKOPPA, POST. MULLUR, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. 13. SRI SATISH MANOHAR YALIGOD, AGE. 35 YEARS, OCC. AGRICULTURE,, R/O. MANIHAL VILLAGE, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. 14. SRI. SUNIL MANOHAR YALIGOD, AGE. 33 YEARS, OCC. AGRICULTURE, R/O. MANIHAL VILLAGE, TALUK. RAMDURG, DISTRICT. BELAGAVI-591126. …RESPONDENTS (BY SRI SANJAY S.KATAGERI, ADVOCATE FOR R1 AND R2; SRI SANTHOSH D. NARGUND, ADVOCATE FOR R14; R3 TO R13 – NOTICE SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO SET-SIDE THE ORDER DATED 02.01.2021 PASSED ON I A NO.XIV IN O.S.NO.13/2013 PASSED BY THE SENIOR CIVIL JUDGE AT RAMDURG, AND REJECT THE APPLICATION FILED BY THE RESPONDENTS NO.1 AND 2, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL COMING ON ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by defendant No.1 questioning the order dated 02.01.2021, passed on I.A.No.XIV in O.S.No.13/2013, by the Senior Civil Judge, Ramdurg. - 4 - NC: 2025:KHC-D:1474 MFA No. 100072 of 2021 2. The suit is filed for partition and separate possession. In the said suit the application filed by the plaintiffs under Order 39 Rule 1 and 2 of CPC was allowed, thereby granting an order of temporary injunction restraining defendant No.1/appellant from converting the suit schedule property. The said order is challenged in this appeal. 3. In this appeal, there is no interim order granted by this Court staying the impugned order. The interim order of temporary injunction is with regard to restraining defendant No.1 from converting the suit property into non agricultural land. 4. There is no infirmity found in the order passed by granting temporary injunction. The suit of the parties has to be adjudicated with regard to whatever quantum of shares to be given to the parties. Therefore the trial Court is found to be correct in granting the order of temporary injunction not to change the nature of suit schedule property. Therefore, the appeal is liable to be dismissed. Accordingly the appeal is dismissed. - 5 - NC: 2025:KHC-D:1474 MFA No. 100072 of 2021 5. However the trial Court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order. 6. Pending interlocutory applications, if any, stand disposed of as they do not survive for consideration. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE MRK CT: UMD. List No.: 2 Sl No.: 28