- 1 - HC-KAR NC: 2025:KHC:51457 WP No. 3538 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO.3538 OF 2021 (GM-CPC) BETWEEN: MUNIYAMMA W/O LATE LAKSHMAIAH, AGED ABOUT 82 YEARS, R/AT BETTA BENJENAHALLI VILLAGE, VAKKALERI HOBLI, KOLAR TALUK, PIN - 563 130 REPRESENTED BY HER SPA HOLDER L. NARAYANASWAMY, S/O LATE LAKSHMAIAH, AGED ABOUT 42 YEARS, R/AT BETTA BENAJENAHALLI VILLAGE, VAKKALERI HOBLI KOLAR TALUK, AND DISTRICT - 563 130 …PETITIONER (BY SRI. VARADARAJAN M S., ADVOCATE) AND: MUNIYAPPA S/O DODDEARAPPA @ EARAPPA AGED ABOUT 58 YEARS, R/AT BETTA BENAJENAHALLI VILLAGE, VAKKALERI HOBLI, KOLAR TALUK, PIN - 563 130 …RESPONDENT (BY SRI. R.B.PRAKASH., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.01.2021 PASSED IN M.A.NO.14/2019 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, KOLAR AS PER ANNEXURE-A AND ETC Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51457 WP No. 3538 of 2021 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioner is 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 30.01.2021 passed in M.A.No.14/2019 by the Court of III Addl. Senior Civil Judge, Kolar. 2. Heard the learned Counsel for the parties. 3. Petitioner herein has filed O.S.No.681/2016 against the respondent herein seeking the relief of permanent injunction in respect of the suit schedule property. In the said suit, IA.no.1 was filed under Order XXXIX Rules 1 & 2 CPC on behalf of the plaintiff with a prayer to restrain the defendant from putting up any illegal construction over the road as well as vacant space in the suit schedule property. 4. The Trial Court had allowed IA.no.1 vide order dated 08.04.2019. The said order was challenged by the defendant in - 3 - HC-KAR NC: 2025:KHC:51457 WP No. 3538 of 2021 M.A.No.14/2019 before the Court of III Addl. Senior Civil Judge, Kolar, which was allowed vide the impugned order dated 30.01.2021. Aggrieved by the same, plaintiff is before this Court. 5. The material on record would go to show that, during the pendency of this writ petition, learned Counsel for the petitioner has filed a memo producing certain documents. Perusal of the said memo and the documents which are produced with the memo would go to show that defendant in the present suit has already executed a sale deed in respect of the suit schedule property in favour of L.Venkateshappa on 27.09.2017 itself. The prayer made in IA.no.1 is to restrain the defendant in the present suit from putting up any construction over the road as well as vacant space in the suit schedule property. 6. It appears that subsequently the purchaser of the suit schedule property viz., L.Venkateshappa has filed a suit in O.S.No.324/2022 against the petitioner herein and others for the relief of declaration and permanent injunction. Since the defendant in the present suit has already sold the suit schedule - 4 - HC-KAR NC: 2025:KHC:51457 WP No. 3538 of 2021 property in favour of L.Venkateshappa, there cannot be any apprehension that defendant is likely to put up any construction as alleged in IA.no.1 filed in O.S.No.681/2016. 7. In addition to the same, the order impugned has been passed on 30.01.2021 and thereby, for the last nearly about five years, there is no interim order operating in favour of the petitioner in the present suit. Under the circumstances, I am of the opinion that no interference is called for as against the order impugned. Accordingly, the writ petition is dismissed. 8. It is made clear that the observations made in this order are only meant for disposal of this writ petition. Sd/- (S VISHWAJITH SHETTY) JUDGE KK