- 1 - HC-KAR NC: 2025:KHC:38507 WP No. 22935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22935 OF 2025 (GM-CPC) BETWEEN: SRI. VARDESH K H S/O LATE K. HUCHHIAH AGED ABOUT 64 YEARS R/AT KODAMBALLI VILLAGE V.PURA HOBLI CHANNAPATNA TALUK - 562 138 …PETITIONER (BY SRI. SANATH KUMAR SHETTY, ADVOCATE) AND: 1. DOOLAMMA D/O LATE MOOGAIAH AGED ABOUT 68 YEARS 2. SUBBAMMA (PAANIPURI BEERAMMA) W/O HUCCHAIAH @ DODDANNA AGED ABOUT 61 YEARS 3. CHIKKANNA S/O LATE MOOGAIAH AGED ABOUT 60 YEARS 4. NAGARAJU S/O LATE MOOGAIAH Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38507 WP No. 22935 of 2025 AGED ABOUT 58 YEARS RESPONDENT NO.1 TO 4 ARE R/T NO. 86, BEHIND L.J LYENGAR BAKERY 4TH AND 5TH MAIN ROAD, 8TH CROSS CHAMARAJAPET, BANGALORE - 560 018. 5. ARTHAMMA D/O LATE MOOGAIAH AGED ABOUT 62 YEARS 6. KAMALAMMA D/O LATE MOOGAIAH AGED ABOUT 53 YEARS 7. SHEKAR (KAVITHA) S/O LATE MOOGAIAH AGED ABOUT 56 YEARS 8. KEERTHAN S/O LATE GOPI AGED ABOUT 23 YEARS RESPONDENT NO.5 TO 8 ARE R/AT NO. 84/1, WARD NO. 141 RAMACHANDRA AGRAHARA, 4TH CROSS, CHAMARAJAPET, BANGALORE - 560 018. …RESPONDENTS (BY SRI. C.H. RAMACHANDRA REDDY, ADVOCATE FOR R1 TO R8) - 3 - HC-KAR NC: 2025:KHC:38507 WP No. 22935 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO INTERFERE WITH THE ORDER DATED 03.06.2025 PASSED ON I.A. NO. IV IN O.S.NO. 475/2024 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C AT CHANNAPATNA VIDE ANNEXURE-A BY SETTING THE SAID ORDER ASIDE AND ETC., THIS PETITION, 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 seeking the following prayers. "i. Interfere with the Order dated:03/06/2025 passed on I.A.No.IV in O.S No.475/2024 on the file of Principal Civil Judge and J.M.F.C at Channapatna vide Annexure-A by setting the said order aside. ii. Grant such other Order or direction as this Hon'ble Court deems fit and proper under the circumstances of this case." 2. Heard Shri Sanath Kumar Shetty, learned counsel appearing for the petitioner and Shri C.H. Ramachandra, learned counsel appearing for respondents No.1 to 8. - 4 - HC-KAR NC: 2025:KHC:38507 WP No. 22935 of 2025 3. The petitioner is the plaintiff institutes O.S.No.475/2024 seeking injunction against the respondents. The concerned court had granted an order of status-quo. The status-quo order was in subsistence throughout. The matter was heard and reserved for its orders on 31.01.2025. It transpires that later, the order of status-quo was passed on the score that between the dates of the matter being reserved and the order of status-quo being granted, the respondent had put up a barbed wire. An application was then filed for removal of the barbed wire, which comes to be rejected. Rejection of which has driven the petitioner to this court in the subject petition. 4. The learned counsel appearing for the respondents- defendants submits that the fencing is done only to the written statement schedule property and not an inch of the property of the petitioner or the plaint schedule property is touched. 5. The learned counsel appearing for the petitioner would dispute the position, as he is now in a position that he - 5 - HC-KAR NC: 2025:KHC:38507 WP No. 22935 of 2025 cannot enter to his own property due to the barbed wire that is placed. 6. In that light, it would be open to the concerned court to appoint a Court Commissioner to inspect the property and draw up a report with regard to the encroachment by putting up of the fence by either of the parties in either of the suit schedule or the written statement schedule property, for which purpose the present petition need not be detained before this court. 7. For the aforesaid reasons, the following: ORDER (i) The writ petition stands disposed. (ii) Notwithstanding the impugned order, the concerned court shall now appoint a Commissioner seeking to draw up a report with regard to the allegations and contra allegations of both the plaintiff and the defendants and pass necessary orders after the receipt of the report from the hands of the concerned commission. - 6 - HC-KAR NC: 2025:KHC:38507 WP No. 22935 of 2025 (iii) In the light of the fact that the matter was already reserved for its judgment, after the receipt of the report of the Commissioner, the concerned Court shall endeavour to conclude the proceedings within 2 months thereafter, in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 60 CT: BHK