- 1 - HC-KAR NC: 2025:KHC:29492 WP No. 19296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 19296 OF 2025 (GM-CPC) BETWEEN: 1. SRI.S. GOPALA S/O LATE SANNEGOWDA, AGED ABOUT 73 YEARS, R/O RANGASAMUDRA VILLAGE, KASABA HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT. PIN-571 101. …PETITIONER (BY SRI. SIDDESWARA N.K., ADVOCATE) AND: 1. SRI. KRISHNEGOWDA S/O LATE KENCHEGOWDA, AGED ABOUT 69 YEARS, 2. SMT. BHAGYAMMA, W/O KRISHNEGOWDA, AGED ABOUT 56 YEARS, 3. SRI KENCHEGOWDA, S/O KRISHNEGOWDA, AGED ABOUT 40 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29492 WP No. 19296 of 2025 ALL ARE R/O RANGA-SAMUDRA VILLAGE, T.NARASIPURA TALUK, MYSURU DISTRICT. PIN-571 101. …RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASH THE IMPUGNED ORDER DATED 11/11/2024 PASSED BY THE LEARNED CIVIL JUDGE J.M.F.C. T.NARASIPURA IN OS NO. 171/2024 ON IA NO.II AS PER ANNEXURE-F (B) QUASH THE IMPUGNED ORDER DATED 04/01/2024 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C. T.NARASIPURA IM M.A.NO. 03/2024 AS PER ANNEXURE-H. 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 – plaintiff is before this Court calling in question concurrent findings of both the trial Court and the first - 3 - HC-KAR NC: 2025:KHC:29492 WP No. 19296 of 2025 appellate Court, which have declined to grant any temporary injunction in favour of the petitioner. 2. Heard Sri Siddeswara N.K., learned counsel for the petitioner and Sri P. Nataraju, learned counsel for the respondents. 3. The issue in the lis revolves around 4.5 feet space, which abuts both the property of the petitioner – plaintiff and the respondents - defendants. 4. Learned counsel for the petitioner’s apprehension is that, if no injunction is granted, the defendants would construct the property utilizing the 4.5 sq. ft. space as well. 5. Learned counsel for the respondents submits that the building has already come up and 4.5 sq. ft. is left vacant. He would further submit that the vacant space of 4.5 sq. ft., would not be taken up for any construction during the pendency of the suit. It is for the concerned Court to decide the issue with regard to 4.5 sq. ft. - 4 - HC-KAR NC: 2025:KHC:29492 WP No. 19296 of 2025 6. The submissions of the learned counsel for the respondents merit acceptance. In that light, recording the submissions of the learned counsel for the respondents, the petition stands disposed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 96