- 1 - HC-KAR NC: 2025:KHC:30795 WP No. 3755 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3755 OF 2024 (GM-CPC) BETWEEN: KEMPAMMA W/O LATE KALLEGOWDA, AGED ABOUT 71 YEARS, R/O KALLINATHAPURA VILLAGE, DEVALAPURA HOBLI NAGAMANGALA TALUK - 571 445. …PETITIONER (BY SRI. BHARGAVA D BHAT., ADVOCATE) AND: PANCHAYATH DEVELOPMENT OFFICER KARADAHALLI GRAMA PANCHAYATH KARADAHALLI, DEVALAPURA HOBLI, NAGAMANGALA TALUK - 571 445. …RESPONDENT (RESPONDENT IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023 IN MA NO.04/2017 ON THE FILE OF THE HONBLE ADDL. SENIOR CIVIL JUDGE AND JMFC AT NAGAMANGALA (ANNEXURE-A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30795 WP No. 3755 of 2024 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Learned counsel for petitioner taking this Court through the records submits that the plaintiff is before this Court being aggrieved by the order dated 21.12.2023 passed in M.A.No.4/2017 on the file of Additional Senior Civil Judge and JMFC, Nagamangala, by which the interim order dated 31.03.2017 passed in O.S.No.244/2016 restraining the respondent, their agents, representatives etc., from not to construct any building, structure, was set aside. He submits that the aforesaid suit in O.S.No.244/2016 is filed by the petitioner/plaintiff against the defendant/respondent herein for the relief of permanent injunction restraining them from interfering with her peaceful possession and enjoyment of the suit schedule `B’ property. He submits that the proceedings in the said suit are now at the stage of cross examination of PW1. That this Court by order dated 29.02.2024 while issuing notice to respondents/defendants had directed the parties to maintain status quo as on the said date and the said order has been continued from time to time. He further submits that if the - 3 - HC-KAR NC: 2025:KHC:30795 WP No. 3755 of 2024 present petition is disposed of with a direction to the parties to maintain status quo until disposal of the suit, the purpose of the petition would be served. 2. Heard. 3. Submission taken on record. 4. Respondent though served is neither present nor represented. 5. Petitioner has filed the above suit in O.S.No.244/2016 seeking relief of permanent injunction against the respondent in respect of suit schedule `B’ property which according to her is being used as an access to the suit schedule A property which is situated on the southern side of the suit schedule B property. As rightly pointed out by the learned counsel for petitioner/plaintiff if the interim order of status quo granted earlier by this Court is continued/extended, no prejudice will be caused. On the other hand, the very purpose of filing the suit would be defeated. In that view of the matter, petition is disposed of directing the parties to maintain status quo with regard to suit schedule B property till disposal of the said suit. - 4 - HC-KAR NC: 2025:KHC:30795 WP No. 3755 of 2024 6. The trial Court is directed to dispose of the suit expeditiously within an outer limit of one year from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 17