- 1 - HC-KAR NC: 2025:KHC:42138 WP No. 21973 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 21973 OF 2025 (GM-CPC) BETWEEN: 1. SRI SIDDAPPA, S/O SIDDALINGAPPA, AGED ABOUT 55 YEARS, R/O KANOOR HOSAKERI, SHIKARIPURA TOWN, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577427. 2. SRI S. KUMAR, S/O SIDDALINGAPPA, AGED ABOUT 45 YEARS, R/O KANOOR HOSAKERI, SHIKARIPURA TOWN, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT-577427. 3. SRI GANESHAPPA, S/O SIDDALINGAPPA, AGED ABOUT 43 YEARS, R/O KANOOR HOSAKERI, SHIKARIPURA TOWN, SHIKARIPURA TALUK, SHIVAMOGA DISTRICT-577427. …PETITIONERS (BY SRI N. G. PARAMESHWARAPPA, ADVOCATE) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42138 WP No. 21973 of 2025 AND: 1. SRI SHIVANANDA SASTRI, S/O VEERAPPA SASTRI, AGED ABOUT 73 YEARS, R/O DODDAPETE, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT-577427. 2. SMT.GANGAMMA, W/O SHIVANANDA SASTRI, AGED ABOUT 64 YEARS, R/O DODDAPETE, SHIKARIPURA TOWN, SHIVAMOGGA DISTRICT-577427. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.10.2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT SHIKARIPURA IN MA No.24/2023 AS ANNEXURE-A AND ORDER PASSED ON DATED 10.08.2023 BY THE LOWER CIVIL JUDGE AND JMFC IN OS No.182/2023 AS ANNEXURE-B. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The present petition is filed by the petitioners– plaintiffs challenging the order dated 08.08.2023 passed on I.A. No.II filed under Order XXXIX Rules 1 and 2 of the - 3 - HC-KAR NC: 2025:KHC:42138 WP No. 21973 of 2025 Code of Civil Procedure, 19081 in O.S. No.182/2023 by the I Additional Civil Judge and JMFC, Shikaripura, as well as the order dated 29.01.2024 passed in Misc. Appeal No.24/2023 by the Senior Civil Judge and JMFC, Shikaripura. 2. The petitioners filed the suit seeking the relief of permanent injunction against the defendants from interfering with their possession and enjoyment of the vacant portion of the suit schedule property. The plaintiffs claim right, title, and interest through Smt. Kenchamma @ Kenchavva, whereas the defendants assert their title based on allotment of land by the Government. The pleadings further disclose that a larger extent of land was acquired by the Government, residential sites were thereafter formed, and the same were allotted to various persons. The allotted sites were subsequently partitioned among the family members. The Trial Court as well as the 1 CPC - 4 - HC-KAR NC: 2025:KHC:42138 WP No. 21973 of 2025 Appellate Court, upon consideration of the aforesaid aspects, rejected the application for injunction. 3. Learned counsel for the petitioners submits that, though the land is claimed to have been acquired by the Government, the possession thereof continues with the petitioners. It is therefore contended that the Trial Court ought to have granted an order of injunction restraining the defendants from interfering with their possession. 4. The acquisition of the land in question appears to be undisputed. The entire plea of the petitioners is that they continue to remain in possession of the property even after acquisition and are, therefore, entitled to the relief of injunction. It is a settled position of law that once the acquisition of land is completed, the land vests absolutely in the Government. If the petitioners dispute the taking of possession in the acquisition proceedings, a suit for - 5 - HC-KAR NC: 2025:KHC:42138 WP No. 21973 of 2025 injunction without challenging the acquisition proceedings cannot be maintained. 5. Both the Courts below have rightly rejected the application for injunction. This Court finds no infirmity in the impugned orders warranting interference. Accordingly, the writ petition being devoid of merit is dismissed. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 2