- 1 - HC-KAR NC: 2025:KHC:50934 WP No. 4637 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 4637 OF 2021 (GM-CPC) BETWEEN: SRI. D.H.GURUPRASAD S/O LATE HANUMANTHASHETTY, AGED ABOUT 52 YEARS, OCC: AGRICULTURIST AND KOPRA MERCHANT, R/O SRIRAMPURA VILLAGE AND HOBLI, HOSADURGA TALUK, CHITADURGA DISTRICT-577 527. …PETITIONER (BY SRI. GOPALAKRISHNAMURTHY.C., ADVOCATE) AND: 1. SMT. KAVERAMMA W/O LATE RUDRACHAR, AGED ABOUT 63 YEARS, OCC HOUSE HOLD WORK, 2. SRI. GANESH S/O LATE RUDRACHAR, AGED ABOUT 39 YEARS, OCC: OWNS AUTOMOBILE AND CYCLE SHOP, 3. SMT. KAVITHA W/O GANESHA AGED ABOUT 33 YEARS, OCC: HOUSE HOLD WORK, RESPONDENTS 1 TO 3 ARE RESIDENTS OF Digitally signed by S NOORUNNISABEGUM Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50934 WP No. 4637 of 2021 SRIRAMPURA VILLAGE AND HOBLI, HOSADURGA TALUK, CHITRADURGA DISTIRICT-577 527. …RESPONDENTS (BY SRI. CHANDRAKANTH.R.GOULAY., ADVOCATE FOR RESPONDENT NOS.1 TO 3) THIS WP FILED UNDER ARTICLE 227 OF THE CONSITUTION OF INDIA, PRAYING TO SET ASIDE THE JUDGMENT DATED 02.12.2020 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, HOSADURGA IN M.A.NO.3/2020 PRODUCED VIDE, ANNEXURE-J WHICH CONFIRMED THE ORDER DATED 24.07.2020 PASSED ON I.A.NO.1 BY THE LEARNED ADDL.CIVIL JUDGE AND JMFC, HOSADURGA IN O.S.NO.124/2020 PRODUCED VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge an order dated 02.12.2020 in M.A.No.3/2020 passed by the learned Senior Civil Judge & JMFC, Hosadurga(hereinafter referred to as the Impugned Order). By the impugned order, the Appellate Court has confirmed the order on I.A.No.1 dated 24.07.2020 in O.S.No.124/2020 passed by the learned Additional Civil Judge and JMFC, Hosadurga. - 3 - HC-KAR NC: 2025:KHC:50934 WP No. 4637 of 2021 2. The learned counsel for the petitioner/plaintiff submits that the petitioner/plaintiff limits his prayer in this writ petition to an observation that no equity shall pass in favour of the respondents/defendants in respect of the wall already constructed by them. 3. Learned counsel for the respondents/defendants does not have any objection to the said contention. 4. Accordingly, the petition is disposed of in the aforegoing terms with an observation that at this stage, no equity shall flow in favour of the respondents/defendants as stated in para-2 above. In any event, this aspect will be decided by the learned Trial Court at the time of final adjudication of the suit. 5. Pending Applications stand closed. (TARA VITASTA GANJU) JUDGE YN List No.: 1 Sl No.: 24 Digitally signed by TARA VITASTA GANJU Location: High Court of Karnataka