- 1 - HC-KAR NC: 2025:KHC:29325 MFA No. 5046 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5046 OF 2025 (CPC) BETWEEN: 1. SMT. R. YAMUNA W/O SRI. RAJASHEKHARA.S AGED ABOUT 50 YEARS 2. SRI. RAJASHEKHARA.S S/O LATE SRINIVASA NAIDU, AGED ABOUT 61 YEARS, BOTH ARE RESIDING AT NO.157, 12TH B CROSS, MARUTHI LAYOUT, VIRUPAKSHAPURA, BENGALURU – 560 097 …APPELLANTS (BY SRI. N SHARATH.,ADVOCATE) AND: SMT. ROOPA SHEKHAR D/O LATE.ANJINAPPA, W/O T.N.CHANDRASHEKAR GOWDA AGED ABOUT 56 YEARS, R/AT THANISANDRA, K.R.PURAM HOBLI, BANGALORE – 560 077 …RESPONDENT (BY SRI.A.SAMPATH, ADVOCATE FOR C/R ON CP13205/2025) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT. 19.06.2025 PASSED ON IA NO.1 IN O.S.NO.4875/2024 ON THE FILE OF THE XXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-36, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29325 MFA No. 5046 of 2025 ALLOWING THE IA.NO. 1 FILED U/O.39 RULE 1 AND 2 1 OF CPC, 1908. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. This appeal is filed by the defendants in O.S.No.4875/2024 challenging the order dated 19.06.2025 passed on I.A.No.1/2024 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.4875/2024 on the file of XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-36)1, thereby, the application filed for temporary injunction is allowed. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 1 hereinafter referred to as 'the Trial Court' for short - 3 - HC-KAR NC: 2025:KHC:29325 MFA No. 5046 of 2025 4. The plaintiff has filed a suit for permanent injunction claiming to be a purchaser of the suit schedule site from the original allottee/Bengaluru Development Authority (for short 'BDA'). It is the case of defendants that they have purchased the land to the extent of 15 guntas and they are in possession. 5. The BDA has acquired the land to the extent of 01 acre 17 guntas and formed layout, including these two sites and thereafter has allotted the sites to the purchasers. It is the case made out by the defendants that without conducting Phodi work and demarcating the lands, the BDA has formed layout and allotted sites therefore, the plaintiff has encroached upon some extent of land of the defendants. When questioned by the defendants, the plaintiff has filed suit for permanent injunction and obtained an order of temporary injunction. 6. Defendant No.1 in O.S.No.4875/2024 and other purchasers have filed suit in O.S.No.613/2021 against the - 4 - HC-KAR NC: 2025:KHC:29325 MFA No. 5046 of 2025 BDA for relief of permanent injunction, which was dismissed on 01.03.2025. Against which, the defendants have filed Regular First Appeal in RFA No.758/2025 before this Court and this Court on 07.04.2025 has ordered directing both the parties to maintain status quo; this status quo order is against the BDA. Though the plaintiff in O.S.No.4875/2024 is not a party in the said suit in (O.S.No.613/2021), the order of status quo in the above said RFA is also amounts to being binding on the plaintiff in the present suit. It is a boundary dispute between the plaintiff and defendants; therefore, learned counsel for the respondent/plaintiff submitted that let a proper survey work be conducted and Phodi work be done, which would resolve the controversy between the parties in the said suit. Therefore, the Court is of the opinion to appoint the Assistant Director of Land Records (for short ADLR) to conduct survey to carryout survey work and Phodi work with the assistance of surveyors attached to the BDA and if the survey work is done and Phodi work is completed, it - 5 - HC-KAR NC: 2025:KHC:29325 MFA No. 5046 of 2025 would resolve dispute. Accordingly, the ADLR, Bengaluru North, Bengaluru, is appointed to do commission work as to conduct the survey work as above stated. 7. Learned counsel for the respondent/plaintiff submitted that till the survey work is conducted, he will not put up any construction; therefore, order of temporary injunction granted is modified to the extent that both the plaintiff and defendants shall maintain status-quo without putting any construction on the said lands including the suit property. 8. In the result, I proceed to pass the following: ORDER i. The appeal is disposed of. ii. The ADLR, Bengaluru North, Bengaluru, is directed to conduct the survey works of the lands involved in the suit bearing Sy.No.43/1 and also the lands acquired by the BDA to the extent of 1 acre 17 guntas and conduct Phodi work and demarcate the lands and submit survey - 6 - HC-KAR NC: 2025:KHC:29325 MFA No. 5046 of 2025 report to the Court of XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-36), in which the suit in O.S.No.4875/2024, is pending. iii. The ADLR, Bengaluru North, Bengaluru, is directed to submit the survey report to the Court of XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-36) within a period of six months from today. iv. Based on the survey report, the Trial Court shall consider I.A.No.1/2024 afresh in accordance with law. v. No order as to costs. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 41