- 1 - HC-KAR NC: 2025:KHC:43571 WP No. 32062 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 32062 OF 2019 (GM-CPC) BETWEEN: 1. SRI N. RAMESH, SINCE DEAD REPRESENTED BY ITS LRs 1a. K.M. LAKSHMI W/O LATE N. RAMESH AGED ABOUT 41 YEARS. 1b. NISCHINTH R S/O LATE N. RAMESH AGED ABOUT 18 YEARS. 1c. SNEHA R D/O N. RAMESH AGED ABOUT 16 YEARS REPRESENTED BY MOTHER NATURAL GUARDIAN SMT. K.M. LAKSHMI THE PETITIONER 1(a) ALL ARE R/AT CHIGARU NILAYA MARUTHI BADAVANE, ANEKAL TOWN BENGALURU DISTRICT PIN: 562 106 AND ALSO RESIDING AT R/AT SOLUR VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU - 562 106. 2. SRI N. SHEKAR S/O LATE L. NARAYANAPPA AGED ABOUT 39 YEARS R/AT NO.A-37, SMILEY GREENS ESTATE CLUB, MARUTHI BADAVANE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43571 WP No. 32062 of 2019 ANEKAL TALUK, BENGALURU DISTRICT PIN: 562 106. AND ALSO RESIDING AT SOLUR VILLAGE, KASABA HOBLI ANEKAL TALUK, BENGALURU - 562 106. 3. SRI MUNIKRISHNA @ BABU S/O LATE R. SAMPANGIRAMAIAH AGED ABOUT 35 YEARS. 4. SRI JAGADEESH S S/O LATE R. SAMPANGIRAMAIAH AGED ABOUT 30 YEARS. 5. SRI VIJAYAKUMAR S S/O LATE R. SAMPANGIRAMAIAH AGED ABOUT 30 YEARS. PETITIONER NO.3, 4 AND 5 ARE R/AT SOLUR VILLAGE KASABA HOBLI, ANEKAL TALUK BENGALURU DISTRICT - 562 106. 6. SRI A. BABU REDDY S/O ABBAIAH REDDY AGED ABOUT 45 YEARS R/O NO.16/2, AMBLIPURA BELLANDUR GATE SARJAPURA ROAD - 560 103. …PETITIONERS (BY SRI H.V. KRISHNAMURTHY, ADV., FOR SRI LEELADHAR H.P, ADV.) AND: 1. SRI CHIKKANANJAPPA SINCE DEAD REPRESENTED BY LRs 1a. SMT. VENKATAREDDY HEMAVATHI @ HEMAVATHI CHKKANJANAPPA W/O LATE CHIKKANJANAPPA AGED ABOUT 81 YEARS. - 3 - HC-KAR NC: 2025:KHC:43571 WP No. 32062 of 2019 1b. SMT. NANDABANU D/O LATE CHIKKANJANAPPA AGED ABOUT 59 YEARS. 1c. SRI MADHUKIRAN S/O LATE CHIKKANJANAPPA AGED ABOUT 54 YEARS. ALL ARE R/AT NO.13/1, NANDAKIRAN HOUSE POLICE STATION ROAD NEAR BANK OF MAHARASHTRA BASAVANAGUDI, BENGALURU - 560 004. 2. SRI MUNIRAMAREDDY S/O LATE BAJJAREDDY AGED ABOUT 58 YEARS R/AT BHEEMARAO LAYOUT NEAR PEARL VALLEY SCHOOL, ANEKAL TOWN, BENGALURU DISTRICT PIN: 562 106. …RESPONDENTS (BY SRI S.R. SREEPRASAD, ADV., FOR R-1(b) & R-1(c); V/O/D 04.06.2025, NOTICE TO R-2 IS D/W) THIS WP IS FILED UNDER ARTILCE 227 OF THE CONSTITUTION OF INIDA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.NO.483/2016 PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE, AND JMFC AT ANEKAL, AND ALSO IN M.A.NO.5/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, AT ANEKAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant nos.1 to 5 & 7 are before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 27.01.2017 passed on IA - 4 - HC-KAR NC: 2025:KHC:43571 WP No. 32062 of 2019 nos.1 & 2 in O.S.No.483/2016 by the Court of Addl. Civil Judge & JMFC, Anekal, Bengaluru District, and the order dated 31.08.2018 passed by the Court of Senior Civil Judge & JMFC, Anekal, Bengaluru District in M.A.No.5/2017. 2. Heard the learned Counsel for the parties. 3. O.S.No.483/2016 is filed by respondent no.1 herein before the jurisdictional Civil Court seeking the relief of permanent injunction against the defendants in respect of the suit schedule property. In the said suit, IA nos.1 & 2 were filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 read Section 151 CPC seeking an order of temporary injunction restraining the defendants or anybody claiming under them from interfering with the possession and enjoyment of the suit schedule and also from causing damage to the plants existing in the suit schedule property in any manner during the pendency of the suit. The said applications were opposed by the contesting defendants by filing objections. The Trial Court by order dated 27.01.2017 allowed IA nos.1 & 2 and restrained the defendants from obstructing the peaceful possession of the plaintiff over the suit schedule property and also from cutting - 5 - HC-KAR NC: 2025:KHC:43571 WP No. 32062 of 2019 the trees standing on the suit schedule property during the pendency of the suit. The said order passed on IA nos.1 & 2 in O.S.No.483/2016 was unsuccessfully challenged by defendant nos.1 to 7 in M.A.No.5/2017 which was dismissed by the Court of Senior Civil Judge & JMFC, Anekal, by order dated 31.08.2018. It is under these circumstances, defendants 1 to 5 & 7 are before this Court. 4. Learned Counsel for the petitioners having reiterated the grounds urged in the petition submits, that suit is of the year 2016. The suit is now at the stage of cross-examination of PW-2. He submits that the Trial Court may be directed to dispose of the suit, expeditiously, without being influenced by the observations made by the Trial Court court while allowing IA nos.1 & 2 and the observations made by the Court of Senior Civil Judge & JMFC, Anekal, while disposing of M.A.No.5/2017. 5. Learned Counsel for the respondent fairly submits that he has no objection to dispose of this writ petition as sought for by the petitioner. - 6 - HC-KAR NC: 2025:KHC:43571 WP No. 32062 of 2019 6. The aforesaid submissions are placed on record. This writ petition is disposed of with a request to the Trial Court to expedite the trial in O.S.No.483/2016 and dispose of the suit on merits, as expeditiously as possible, but not later than the period of six months from the date of receipt of the certified copy of this order, without being influenced by any observations made in the orders which are impugned in this writ petition. Sd/- (S VISHWAJITH SHETTY) JUDGE KK