- 1 - HC-KAR NC: 2025:KHC:35521 WP No. 22960 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22960 OF 2025 (GM-CPC) BETWEEN: 1. SMT GULABI POOJARTHI AGED 80 YEARS, D/O LATE KALYANI POOJARTHI, R/AT BINDANAGARA, KUNTALPADY ROAD, KARKALLA TALUK, UDUPI DISTRICT-574104 REP. BY HER GPA HOLDER SRI. SADASHIVA POOJARY, S/O LATE MAHABALA POOJARY, AGED 58 YEARS, R/AT BINDANAGARA, KUNTALPADY ROAD, KARKALLA TALUK, UDUPI DISTRICT- 574 104 2. SMT. VASANTHI W/O LATE VASANTHA D/O LATE KALYANI POOJARTHI AGED 65 YEARS R/AT KIRAN DEEPA HOUSE SANOORU POST HALEKKI, DARIKERE, KARKALA TALUK UDUPI DISTRICT- 574 114 REP. BY HER GPA HOLDER SRI. NITESH V KARKERA S/O LATE VASANTHA KARKERA AGED 38 YEARS R/AT LOKESH NIVASA NARAYANAGURU NAGARA Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35521 WP No. 22960 of 2025 ANEKERE, KARKALA TALUK UDUPI DISTRICT-574104. …PETITIONERS (BY SRI. PRASANNA V.R., ADVOCATE) AND: 1. SMT BABY POOJARTHI W/O LATE KARIYA POOJARY D/O LATE GANGA AGED 65 YEARS R/AT NO.3-96, KUDBELU HOUSE KALLYA, NITTE, KARKALA TALUK UDUPI DISTRICT-574 110 2. SMT. VARIJA POOJARTHI D/O LATE KAMALA POOJARTHI AGED 70 YEARS R/AT NO.3-96, KUDBELU HOUSE KALLYA, NITTE, KARKALA TALUK UDUPI DISTRICT-574110 …RESPONDENTS (BY SRI. B.S.SACHIN, ADVOCATE FOR C/R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15/04/2025 IN MA NO. 02/2025 PASSED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI, (ITINERARY SITTING AT KARKALA) VIDE ANNX-A AND ORDER DATED 10/01/2025 ON IA NO. IV, IN OS NO. 25/2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND ACJM, KARKALA, VIDE ANNX-B, REJECTING THE SAID APPLICATION FILED BY THE PETITIONERS / DEFENDANT NO. 1 AND 2 IN THE SAID SUIT, WHILE ALLOWING IA NO. II FILED BY THE PLAINTIFF. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35521 WP No. 22960 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question an order passed by the First Appellate Court dated 15.04.2025 affirming the order passed by the Trial Court on 10.01.2025. 2. Heard Sri. Prasanna V.R., learned counsel appearing for the petitioners, Sri. B.S. Sachin, learned counsel appearing for the respondents and have perused the material on record. 3. The petitioners institute a suit in O.S.No.25/2024 seeking partition and separate possession and files an application under Order XXXIX Rules 1 and 2 of the CPC seeking temporary injunction against the plaintiff and defendant No.4. The plaintiff's application for injunction is granted and the defendants application comes to be rejected. The defendants then challenges the same before the First Appellate Court. The First Appellate Court rejects the appeal affirming the order passed by the concerned Court on I.A.No.5. - 4 - HC-KAR NC: 2025:KHC:35521 WP No. 22960 of 2025 The petitioners are before the Court contending that the petitioners must be permitted to undertake the construction of a building, which is in a dilapidated condition, the suit schedule property. 4. Learned counsel appearing for caveator/respondent No.1, the plaintiff has produced photographs to demonstrate that the building is not in a dilapidated condition for the petitioners-defendant Nos.1 and 2 to enter into the house and begin construction. Everything would remain subject to the result of the petition. 5. Learned counsel appearing for the parties would submit that all the parties to the lis are permitted to participate in the religious functions that would be held in the suit schedule property. 6. In the light of the orders indicating, no perversity or suffering from error apparent, I find no warrant to interfere with the orders passed by the respective courts in exercise of its jurisdiction under Article 227 of the Constitution of India. - 5 - HC-KAR NC: 2025:KHC:35521 WP No. 22960 of 2025 7. The petition thus stands disposed, without interfering with the orders, reserving liberty to the parties to urge all the contentions before the concerned Court. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 8