- 1 - HC-KAR NC: 2025:KHC:27834 WP No. 10116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10116 OF 2025 (GM-CPC) BETWEEN: 1. SRI. H. C. RENUKAARADHYA S/O LATE H.G. CHANDRAIAH, AGED ABOUT 47 YEARS, AGRICULTURIST 2. SMT. ROOPA W/O H.C. RENUKAARADHYA AGED ABOUT 39 YEARS, AGRICULTURIST 3. T. GURUMURTHY S/O THIPPESWAMY AGED ABOUT 36 YEARS, AGRICULTURIST ALL ARE R/AT NAGATHIBELAGALU, THALLIKATE POST, BHADRAVTHI TALUK - 577 235. …PETITIONERS (BY SMT. SARVAMANGALA CHIKKANAGOUDAR, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) AND: SMT. KANYAKUMARI. C. D/O LATE H.G. CHANDRAIAH, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27834 WP No. 10116 of 2025 W/O LATE MANJUNATHA SWAMY B.K. AGED ABOUT 45 YEARS, R/AT 2ND CROSS, VIDYANAGARA, KADUR - 577 548, CHIKKAMANGALURU DISTRICT. …RESPONDENT (BY SRI. CHANDRAKANTH R. PATEL, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE ADDL. SENIOR CIVIL JDUGE AT BHADRAVATI IN MA NO. 20/2024 DTD 11.02.2025 PRODUCED AT ANNX-G BY THE CONFORMING THE ORDER PASSED BY THE I ADDL CIVIL JUDGE AT BHADRAVATHI ON IA NO. 1 IN OS NO. 218/224 DTD 5.7.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question an order of the concerned Court dated 11.02.2025, concerned Court I mean the First Appellate Court in M.A.No.20/2024. 2. Heard Smt. Sarvamangala Chikkanagoudar, learned counsel appearing for the petitioners, Sri. Chandrakanth R. Patel, learned counsel appearing for the respondent and have perused the material on record. - 3 - HC-KAR NC: 2025:KHC:27834 WP No. 10116 of 2025 3. The petitioners are the defendants, the respondent the plaintiff. The mother of the plaintiff executes a Gift Deed dated 20.10.2023, by which, 1 acre 20 guntas out of the suit schedule property of 3 acres is gifted to the plaintiff. Owing to certain interference by the present defendants, a suit in O.S.No.218/2024 comes to be instituted by the respondent- plaintiff. The concerned Court does not grant an ex-parte injunction as obtaining under Order XXXIX Rules 1 and 2 of the CPC. On rejection of the application, the plaintiff prefers an appeal before the First Appellate Court in M.A.No.20/2024. The First Appellate Court allows the application and grants temporary injunction, against which, the defendants are before this Court. 4. The subsistence of the Gift Deed is not in dispute. The Gift Deed pertains to extent of land of 1 acre 20 guntas being gifted to the plaintiff, this is also not in dispute. The contention of the petitioners is that the injunction is granted for all the 3 acres and therefore, they are aggrieved. - 4 - HC-KAR NC: 2025:KHC:27834 WP No. 10116 of 2025 5. Learned counsel appearing for the plaintiff takes this Court through the application seeking injunction which restricts his claim to 1 acre 20 guntas, but the order does not restrict the claim of the plaintiff to 1 acre 20 guntas. Therefore, there is certain obfuscation. 6. In the light of the submissions made by the respective parties, I deem it appropriate to modify the interim injunction granted by the First Appellate Court to mean that the injunction would subsist and will continue to subsist only qua 1 acre 20 guntas of land that is gifted to the plaintiff and not beyond that. The parties to the lis has no objection to this order. With the aforesaid observations, the petition stands disposed. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 14 CT: BHK