- 1 - HC-KAR NC: 2025:KHC:27836 WP No. 3700 of 2024 C/W WP No. 7001 of 2024 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. 3700 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 7001 OF 2024 (GM-CPC) IN WP No. 3700/2024 BETWEEN: DR. K. SHIVA PRASAD, S/O LATE SAMBHA SHIVAMURTHY, AGED ABOUT 48 YEARS, RESIDING AT KOTILINGESHWARA TEMPLE, KAMMASANDRA VILLAGE BETHAMANGALA HOBLI KOLAR DISTRICT – 563 121. ALSO AT SRI SAI SHIVAPRASAD MULTI SPECIALTY CLINIC FOR ORTHOPEDIC, NO.213, 7TH CROSS, 6TH BLOCK, NEAR KAMAKHYA THEATER, BENGALURU – 560 085. …PETITIONER (BY SRI. SUJAYEENDRA SRIDHAR, ADVOCATE) AND: K.V.KUMARI, D/O LATE K.R.VENKATASWAMY, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27836 WP No. 3700 of 2024 C/W WP No. 7001 of 2024 AGED ABOUT 57 YEARS, RESIDING AT KOTILINGESHWARA TEMPLE, KAMMASANDRA VILLAGE, BETHAMANGALA HOBLI, KOLAR DISTRICT – 563 121. …RESPONDENT (BY SRI. RAJESH MAHALE, SENIOR ADVOCATE FOR SRI.THILAK ITTIGANUR, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE ABOVE WRIT PETITION; QUASH COMMON ORDER DATED 01.12.2023 PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND PRINCIPAL JMFC AT KGF, IN MA NO.43/2023 AND MA 44/2023 AT ANNEXURE-A IN DISMISSING M.A.NO.44/2023 FILED BY THE PETITIONER - DEFENDANT NO.2 UNDER ORDER XLIII RULE 1 (r) OF CODE OF CIVIL PROCEDURE, 1908, PREFERRED BY HIM CHALLENGING THE ORDER DATED 10.08.2023 PASSED IN O.S.NO.270/2019 BY THE HONBLE I ADDITIONAL CIVIL JUDGE AND JMFC, KGF, REJECTING IA NO.VI FILED BY PETITIONER-DEFENDANT NO.2 UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF CPC, AT ANNEXURE - G SEEKING INTERIM MANDATORY INJUNCTION AGAINST THE RESPONDENT PLAINTIFF AND ETC. IN WP NO. 7001/2024 BETWEEN: MISS. K.V. KUMARI, D/O SRI. VENKATASWAMY, AGED ABOUT 52 YEARS, UTTARADHIKAARI /ADMINISTRATOR OF - 3 - HC-KAR NC: 2025:KHC:27836 WP No. 3700 of 2024 C/W WP No. 7001 of 2024 SREE KOTILINGESHWARASWAMY TEMPLE, KAMMASANDRA VILLAGE, BETHAMANGALA HOBLI, K.G.F TALUK, KOLAR DISTRICT. ...PETITIONER (BY SRI. RAJESH MAHALE, SENIOR ADVOCATE FOR SRI.GURUVA REDDY N., ADVOCATE) AND: SRI.K. SHIVAPRASAD, S/O LATE SRI. KAMALASAMBAVA, (PRE SANYASATHVA) AND SRI. SRI N. KAMALASAMBAVA @ SAMBASHIVAMURTHY SWAMIJI, (AFTER SANYASATHVA), AGED ABOUT 43 YEARS, R/AT "SAI SAI SHIVAPRASAD", MULTI SPECIALITY ORTHOPAEDIC CLINIC, NO.213, 7TH CROSS, 6TH BLOCK, 3RD PHASE, BSK 3RD STAGE, NEAR KAMAKYA TEHATRE SIGNAL, BENGALURU - 560 085. ...RESPONDENT (BY SRI. SUJAYEENDRA SRIDHAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE CONCERNED RECORDS AND ISSUE APPROPRIATE WRIT OR ORDER GRANTING FOLLOWING RELIEFS; QUASH THE ORDER DATED 01.12.2023 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND PRINCIPAL JMFC, KGF IN MA NO.43/2023 AND ALSO IN SO FOR AS ORDER PORTION DIRECTING THE PETITIONER TO SIMPLY KEEP AND RETAIN THE POSSESSION - 4 - HC-KAR NC: 2025:KHC:27836 WP No. 3700 of 2024 C/W WP No. 7001 of 2024 AND CUSTODY OF THE SUIT CAR WITHOUT USING IT TILL DISPOSAL OF THE SUIT AND IN ANY VIOLATION OF THE SAME WOULD ATTRACT CONTEMPT PROCEEDINGS IS CONCERN VIDE ANNEXURE – J AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question twin orders, an order declining to grant temporary injunction in O.S.No.270/2019 and the order of the Appellate Court in MA No.43/2023 affirming the same. The issue in the lis revolves around a car belonging to father of the defendant No.2. Both the Courts have dismissed the application. 2. Heard Sri. Sujayeendra Sridhar, learned counsel and Sri. Rajesh Mahale, learned Senior counsel appearing for the parties in both the cases and have perused the material on record. 3. The plaintiff institutes a suit in O.S.No.270/2019 seeking injunction against the defendant. The issue is with - 5 - HC-KAR NC: 2025:KHC:27836 WP No. 3700 of 2024 C/W WP No. 7001 of 2024 regard to the usage of a car allegedly belonging to defendant No.2. Two applications were answered by the trial Court one permitting the plaintiff to use the car. The plaintiff was permitted to use the car and the defendant's application seeking injunction for restraint of usage of the car was rejected. 4. The plaintiff institutes a suit for injunction. The subject matter of the suit is an Innova car. In the suit, two applications are filed; one by the plaintiff and one by defendant No.2. The plaintiff's application seeking restraint on the respondent of usage of Innova car comes to be allowed and the application filed by defendant No.2 seeking interim mandatory injunction of usage of the car by the plaintiff comes to be rejected. Defendant No.2 challenges both the orders in two different appeal. The First Appellate Court rejects both the appeals and therefore, defendant No.2 is before this Court in the subject petition. 5. The First Appellate Court allows M.A.No.43/2023 and rejects M.A.No.44/2023. - 6 - HC-KAR NC: 2025:KHC:27836 WP No. 3700 of 2024 C/W WP No. 7001 of 2024 6. Both the learned counsel appearing for the petitioner and the respondent submit that status quo be maintained and the concerned Court be directed to dispose the suit, as the suit is of the year 2019. 7. In the light of the submissions made by learned counsel for the parties, I deem it appropriate to dispose these petitions with a direction to the concerned Court to dispose the suit itself within an outer limit of six (6) months, if not earlier. 8. The parties to maintain status quo till the disposal of the suit. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 44