- 1 - HC-KAR NC: 2025:KHC:49651 WP No. 21950 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 21950 OF 2021 (GM-CPC) BETWEEN: 1. SMT. VENKATALAKSHMI W/O VENKATESHAPPA AGED ABOUT 55 YEARS. 2. SRI VENKATESHAPPA S/O SUBBANNA AGED ABOUT 65 YEARS. 3. SRI SURESHA S/O VENKATESHASPPA AGED ABOUT 30 YEARS. 4. SRI MAHESHA S/O VENKTESHAPPA AGED ABOUT 35 YEARS. 5. SMT. SEETHAMMA W/O KRSIHNAPPA AGED ABOUT 72 YEARS. ALL ARE RA/T NO.247/1 DWARAKANGAR BENGALURU MAIN ROAD OPP TO GOVT MIDDLE SCHOOL IAF POST, YELAHANKA BANGALORE - 560 063. …PETITIONERS (BY SRI SHIVAKUMAR V, ADV.) AND: SRI ADINARAYANAPPA S/O VENKATARAMANAPPA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49651 WP No. 21950 of 2021 AGED ABOUT 38 YEARS R/T DWARAKANAGAR 1ST CROSS, 1ST MAIN IAF POST, YELAHANAKA BANGALORE - 560 063. …RESPONDENT (SERVED AND UNREPRESNTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.23.11.2020 PASSED BY THE HONBLE COURT OF THE ADDL CIVL JUDGE AND JMFC DEVANAHALLI IN O.S.NO.410/2020 AT ANNEXURE-V OF ALLOWING THE APPLICATION FILED BY THE PLAINTIFF RESPONDENT UNDER ORDER XXXIX RULES 1 AND 2 OF CPC AND REICT THE PARTIES TO MAINTAIN STATUS QUO AND THE ORDER DTD.12.1.2021 PASSE DIN MA NO.20/2020 AT ANNEXURE-Y BY THE HONBLE CURT OF THE ADL SENIOR CIVIL JUDGE AND JMFC DEVANAHALLI OF CONFIRMING THE ORDER OF THE TRAIL COURT CONSEQUENTLY DISMISS THE APPLICATION OF THE PLAINTIFF FOR TEMPORARY INJUNCTION BY ALLOWING THE ABOVE W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendants are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 23.11.2020 passed on IA-1 in O.S.No.410/2020 by the Court of Addl. Civil Judge & JMFC, Devanahalli, and the order dated 12.01.2021 passed in M.A.No.20/2020 by the Court of Addl. Senior Civil Judge & JMFC, Devanahalli. - 3 - HC-KAR NC: 2025:KHC:49651 WP No. 21950 of 2021 2. Heard. 3. Respondent herein has filed O.S.No.410/2020 before the jurisdictional Civil Court at Devanahalli seeking the relief of permanent injunction in respect of the suit schedule property. The contesting defendants have filed written statement and opposed the suit claim. IA.no.1 was filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 CPC seeking an order of temporary injunction. The said application was opposed by the defendant by filing objections. The Trial Court vide the order impugned dated 23.11.2020 allowed IA-1 and directed both the parties to maintain status quo in respect of the suit schedule property. The defendants had challenged the said order in M.A.No.20/2020 before the Appellate Court which was dismissed by order dated 12.01.2021. Being aggrieved by the aforesaid two orders, the defendants are before this Court. 4. Learned Counsel for the petitioner submits that the sale deed of the plaintiff is only in respect of the property measuring 45' x 25' and he has sought for an order of injunction in respect of a larger extent of land. The courts below have failed to - 4 - HC-KAR NC: 2025:KHC:49651 WP No. 21950 of 2021 appreciate this aspect of the matter and have erred in passing the orders impugned. 5. Perusal of the material on record would go to show that, the Trial Court after appreciating the rival contentions urged on behalf of the parties and also having referred to the documentary evidence placed on record by them, has allowed IA-1 and has directed the parties to maintain status quo in respect of the suit schedule property. The order of the Trial Court has been confirmed by the Appellate Court and parties are directed to maintain status quo till the disposal of the suit, and the Appellate Court has made it clear that if any one of the parties violates the said order of status quo, the other party is at liberty to take appropriate steps before the Trial Court. 6. It is not the case of either of the parties herein that the order of status quo has been violated during the pendency of the suit. It is brought to the notice of this Court by the learned Counsel for the petitioner that the suit is at the stage of recording plaintiff's evidence. The order of status quo has been operating in the present case for the last more than five years. Under the circumstances, I am of the opinion that without - 5 - HC-KAR NC: 2025:KHC:49651 WP No. 21950 of 2021 expressing any opinion on the merits and demerits of the case, if this writ petition is disposed of with a request to the Trial Court to expedite the trial and dispose of the suit on merits within a time frame, and in the meanwhile, if the existing order of status quo is continued till the disposal of the suit, the same would serve the ends of justice. Accordingly, the following order: 7. Writ petition is disposed of, with a request to the Trial Court to expedite the trial in O.S.No.410/2010 and dispose of the suit on merits as expeditiously as possible, but not later than a period of eight months from the date of receipt of copy of this order. The order of status quo which is now operating shall continue till the disposal of the suit. It is made clear that the Trial Court shall dispose of the suit without being influenced by any observations made in the orders impugned in this writ petition. Sd/- (S VISHWAJITH SHETTY) JUDGE KK