- 1 - HC-KAR NC: 2025:KHC:46869 W.P. No.32107/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.32107/2024 (GM-CPC) BETWEEN: B. SHANKARANAIKA S/O LATE BHEEMANAIKA AGED 71 YEARS, AGRICULTURIST R/OF. AGGUNDA B. TANDYA, AGGUNDA POST KASABA HOBLI, ARASIKERE TALUK HASSAN DISTRICT 573103. …PETITIONER (BY SRI. A.V. GANGADHARAPPA, ADV.,) AND: 1. KRISHNANIAKA S/O LATE HANUMANAIKA AGED 47 YEARS. 2. RAVINAIKA S/O KRISHNANAIKA AGED 33 YEARS. BOTH ARE AGRICULTURISTS R/OF. AGGUNDA B. TANDYA AGGUNDA POST, KASABA HOBLI ARASIKERE TALUK HASSAN DISTRICT 573103. …RESPONDENTS (BY SMT. KAMALA D.K. ADV., FOR R1 R2 IS SERVED) Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:46869 W.P. No.32107/2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE ORDER DTD 16.10.2024 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT ARASIKERE IN MA NO.12/2023, CERTIFIED COPY OF WHICH IS PRODUCED AS ANNX-J AND BE PLEASED TO DISMISS MA NO.12/2023 BY HOLDING THAT THE APPELLATE COURT CANNOT SUBSTITUTE ITS DISCRETION WITH THAT OF THE DISCUSSION EXERCISED BY THE TRIAL COURT UNLESS GROUND ARE MADE OUT & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 16.10.2024 passed by the Senior Civil Judge and JMFC, Arsikere in M.A.No.12/2023. 2. Sri.A.V.Gangadharappa, learned counsel appearing for the petitioner submits that the petitioner has filed a suit for permanent injunction. Based on the documents made available, the Trial Court has considered the application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908, and allowed the same. - 3 - HC-KAR NC: 2025:KHC:46869 W.P. No.32107/2024 Being aggrieved, the respondents have challenged the same in M.A.No.12/2023. However, the Appellate Court, without considering the material on record in its proper perspective, proceeded to allow the appeal by vacating the interim order granted by the Trial Court. It is submitted that this Court has granted an interim order on 11.02.2025 directing the parties to maintain status quo and if the said status quo is continued till the disposal of the suit, ends of justice would be met. 3. Smt.Kamala D.K., learned counsel appearing for the respondent No.1 submits that they have filed a detailed written statement and thereafter, considering the documents available, the Appellate Court rightly interfered with the order of the Trial Court granting injunction. Hence, she seeks to sustain the order. 4. I have heard the arguments of the learned counsel for the petitioner, learned counsel for the respondent No.1 and perused the material available on - 4 - HC-KAR NC: 2025:KHC:46869 W.P. No.32107/2024 record. I have given my anxious consideration to the arguments advanced on both the sides. 5. The petitioner has filed O.S.No.307/2021 for the relief of permanent injunction. In the said suit, he has filed I.A.No.1 under Order XXXIX Rule 1 and 2 of the CPC, which came to be allowed by the Trial Court vide order dated 19.02.2022. The said order was assailed in M.A.No.12/2023 by the respondents which was allowed and the order of the Trial Court granting injunction was set aside. It is to be noticed that the pleadings in the suit are completed and the issues are required to be framed. The interest of justice would be met if the interim order granted by this Court on 11.02.2025 is continued till the disposal of the suit by directing the Trial Court to proceed with the suit on merits. 6. Hence, the writ petition is disposed of without expressing any opinion on its merit, by directing the - 5 - HC-KAR NC: 2025:KHC:46869 W.P. No.32107/2024 parties to maintain status quo in respect of suit item No.2, till the disposal of the suit. No order as to costs. 7. Consequently, the pending interlocutory application, if any stands disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 8