- 1 - HC-KAR NC: 2025:KHC:38508 WP No. 22562 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. 22562 OF 2025 (GM-CPC) BETWEEN: 1. VENKATALAKSHMAMMA AGED ABOUT 56 YEARS W/O. ADIMURTHAPPA D/O LATE VENKATANNA R/O BENNEPARTHI VILLAGE KASABA HOBLI GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT - 561 209. 2. ESWARAMMA AGED ABOUT 46 YEARS D/O LATE VENKATANNA R/O ADIGANAHALLI VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT - 561 207. …PETITIONERS (BY SRI.SONA RAJKUMAR, ADVOCATE FOR SRI. JOSEPH ANILKUMAR A, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38508 WP No. 22562 of 2025 AND: V VENKATASHIVA REDDY AGED ABOUT 58 YEARS S/O LATE. VENKATARAMA REDDY R/O. HOSAHUDYA VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT - 561 207 AND PRESENTLY RESIDENT OF IN FRONT OF GROUNDNUT MILL NEAR GHANTMVARIPALLI VILLAGE KASABA HOBLI, BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT - 561 207. …RESPONDENT (BY SRI. CHETHAN A.C, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE ANNEXURE -B THE ORDER PASSED IN OS NO. 124/2025 DATED 02.05.2025 BY THE CIVIL JUDGE AND JMFC BAGEPALLI AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38508 WP No. 22562 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court seeking the following prayers: "a. Set aside Annexure B, the order passed in O.S.No.124/2025 dated 02/05/2025 by the Civil Judge and J.M.F.C Bagepalli. b. In alternate directed the Senior Civil Judge and JMFC Bagepalli to dispose of the Appeal M.A.42/2025 within 3 months (Annexure - K3) c. Pass any other order or writ as this Hon'ble Court may deem fit to in the interest of justice and equity." 2. Heard Ms. Sona Rajkumar, learned counsel for Shri Joseph Anil Kumar A., learned counsel appearing for the petitioners and Shri Chethan A.C., learned counsel appearing for the respondent. 3. The petitioners are the plaintiffs, files a suit for injunction in O.S.No.124/2025. The concerned court declines to grant an order of injunction after hearing the parties, which leads the petitioners, the plaintiffs before the First Appellate Court and before the First Appellate Court, the petitioners seeks an interim injunction, as was sought for before the trial - 4 - HC-KAR NC: 2025:KHC:38508 WP No. 22562 of 2025 court, which was not granted. The First Appellate Court also does not grant any order of temporary injunction, as was sought for, but only issues notice. It is at that juncture, the petitioners - plaintiffs knocks at the doors of this court. The proceedings are pending before the First Appellate Court. This court in order to protect the interest of the petitioners had passed the following order on 01.09.2025: "Learned counsel appearing for the petitioners shall serve on the learned counsel, who represents the respondent - defendant in any of the proceedings either before the trial Court or the first appellate Court and file an acknowledgment of such service, before this Court. List this matter on 24.09.2025. Respondent - defendant is restrained from changing the nature of the property, till the next date of hearing." 4. The learned counsel appearing for the parties would submit that if a direction is issued to the First Appellate Court to dispose the appeal, within a time frame and the subject order be continued till the said date would suffice. 5. In the light of the said submission, I deem it appropriate to dispose the petition with a direction to the concerned court to dispose the miscellaneous appeal filed against an interlocutory order of the concerned court, within an - 5 - HC-KAR NC: 2025:KHC:38508 WP No. 22562 of 2025 outer limit of eight weeks from the date of receipt of the copy of the order. 6. In the light of the subsistence of the order dated 18.08.2025 or 01.09.2025, the order shall continue till the disposal of the Miscellaneous Appeal, which is directed to be concluded within eight weeks from the date of receipt of the copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 57 CT: BHK