- 1 - HC-KAR NC: 2025:KHC:43141 WP No. 9175 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 9175 OF 2021 (GM-CPC) BETWEEN: 1. ARCHAK NANJUNDASWAMY, S/O. LATE. SIDDANANJAPPA, R/O. BEGAMANGALA VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK. …PETITIONER (BY SRI.G.KRISHNA REVANTH., ADVOCATE FOR; SRI. RUDRABHUSHAN C B., ADVOCATE) AND: 1. BASAVARAJU @ BASAVARAJAPPA, S/O. LATE. SADASHIVAPPA, AGED ABOUT 65 YEARS, R/AT BEGAMANGALA VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK. 2. B. RAVIKUMAR SHASTHRI @ RAVIKUMAR, S/O. BASAVARAJAPPA, R/AT BEGAMANGALA VILLAGE, KASABA HOBLI, NAGAMANGALA TALUK. …RESPONDENTS (BY SRI.SUNIL S RAO., ADVOCATE FOR; SRI.T.SESHAGIRI RAO., ADVOCATE FOR R-1) VIDE COURT ORDER DATED 05.04.2021 CRP 69/2021 IS CONVERTED INTO WP 9175/2021. THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43141 WP No. 9175 of 2021 PRAYING TO-CALL FOR RECORDS IN O.S.NO.210 OF 2020 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC AT NAGAMANGALASET, SET ASIDE THE ORDER DATED 05.12.2020 PASSED BY ADDITIONAL CIVIL JUDGE AND JMFC AT NAGAMANGALA, IN O.S.NO.210 OF 2020 AND ETC., 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 The defendant is 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 05.12.2020 passed on I.A.No.1 in O.S.No.210/2020 by the Court of Additional Civil Judge and JMFC, Nagamangala and the order dated 08.03.2021 passed by Court of the Senior Civil Judge and JMFC, Nagamangala in MA No.7/2020. 2. Heard the learned counsel for the parties. 3. Respondents herein have filed O.S.No.210/2020 before the Jurisdictional Civil Court at Nagamangala seeking the relief of permanent injunction against the defendant restraining him or his agents from interfering with the peaceful performance of archakship by - 3 - HC-KAR NC: 2025:KHC:43141 WP No. 9175 of 2021 performing pooja in the scheduled temples by the plaintiffs. In the said suit, I.A.No.1 was filed under Order XXXIX Rule 1 and 2 of CPC by the plaintiffs and the prayer made in the application was opposed by the defendant by filing objection. The Trial Court vide the order impugned dated 05.12.2020 allowed I.A.No.1 and as against the said order the defendant had filed M.A.No.7/2020 before the Court of Senior Civil Judge and JMFC in Nagamangala which was rejected on 08.03.2021. Aggrieved by the said orders passed by the two Courts, the defendant is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in this petition submits that Courts below have failed to properly consider the documents produced by the defendant in support of his case. 5. Per contra, learned counsel appearing for the respondent has argued in support of the impugned order and submits that suit is at the stage of recording the - 4 - HC-KAR NC: 2025:KHC:43141 WP No. 9175 of 2021 plaintiff's evidence. For the last 5 years the plaintiffs have the benefit of the orders passed by the Courts below. At this stage, the concurrent findings recorded by the courts cannot be disturbed. Accordingly, he prays to dismiss the petition. 6. Plaintiffs have filed O.S.No.210/2020 before the Trial Court contending that they are the hereditary archaks of the suit schedule temples and the defendant was trying to interfere with the performance of pooja and archakship by the plaintiffs in the suit schedule temples. They had filed I.A.No.1 seeking temporary injunction against the defendant during the pendency of the suit and in support of their prayer they had produced the following documents before the Trial Court: 1. Xerox copy of the order passed by the Tahasildar regarding Thasthik amount in the name of Basavannadevaru and Byredevaru of Begamangala. 2. Order copy of Tahasildar regarding pooja of the suit temple. - 5 - HC-KAR NC: 2025:KHC:43141 WP No. 9175 of 2021 3. Xerox copy of the bank pass book of Basavaraju. 4. Endorsement issued by the Tahasildar dated 12.11.2020. 5. Order passed by the Tahasildar in MAG CR.144/20-21. 6. Xerox copy of the "ಪಶ ಪತ" issued by Sri.Ad- chunchanagiri Mahasamsthana Muta, Nagamangala Taluk. 7. Xerox copy of the Aadhaar card of Basavaraju. 8. Xerox copy of the marks card of plaintiff Ravikumar B. 9. Xerox copy of the identity card issued by Magistrate officer i.e., Tahasildar, Nagamangala in favour of Basavarju, Archaka - respondent. 10. Xerox copy of the complaint by Ravikumar. 11.Order passed in PS/PAR/24/2020, dated:20.08.2020 issued by Tahasildar, Nagamangala. 12. Xerox copy of complaint by respondent to Tahasildar. 13. Xerox copy of the Aadhaar card of appellant. - 6 - HC-KAR NC: 2025:KHC:43141 WP No. 9175 of 2021 7. The Trial Court having appreciated the aforesaid documents which prima facie goes to show that the plaintiffs were performing pooja in the suit schedule temples has granted an order of temporary injunction and allowed I.A.No.1 in O.S.No.210/2020 vide the order impugned dated 05.12.2020. The Appellate Court having re-appreciated the documents produced by both parties has confirmed the reasoned order passed by the Trial Court on I.A.No.1 in O.S.No.210/2020. This writ petition is pending before this Court for the last four years and there is no interim order operating in this writ petition. Therefore, it is apparent that for the last nearly five years the plaintiffs are having the benefit of the order of temporary injunction in their favour. The Trial Court as well as the Lower Appellate Court having appreciated the documents produced by the parties have recorded a concurrent finding against the defendant and have held that the plaintiffs have made out a prima facie case and the balance of convenience also lies in favour of the - 7 - HC-KAR NC: 2025:KHC:43141 WP No. 9175 of 2021 plaintiffs. Therefore, I do not find any good ground to entertain this writ petition at this stage and more so when the suit is at the stage of recording the evidence of the plaintiffs. Under the circumstances, the following: ORDER (i) The writ Petition is dismissed. (ii) Since the suit is of the year 2020, the Trial Court shall make endeavors to dispose of the suit on merits as expeditiously as possible. Pending I.A's, if any, do not survive for consideration and the same are accordingly, disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR/List No.: 1 Sl No.: 21