- 1 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 34949 OF 2017 (GM-CPC) BETWEEN: SRI.M N VENKATESHAPPA, S/O.LATE NARAYANAPPA, AGED ABOUT 46 YEARS, R/AT MALLEPURA VILLAGE, CHANNARAYAPATANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. REP. BY HIS POWER OF ATTORNEY HOLDER, SRI.M.VENKATESHAPPA, S/O.CHINNAPPAIAH, AGED ABOUT 52 YEARS, R/AT. MALLEPURA VILLAGE, CHANNARAYAPATANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. SHIVASHANKAR K., ADVOCATE) AND: 1. DODDACHINAPPA, S/O LATE MOTAPPA, AGED ABOUT 65 YEARS, 2. C MUNNIRAJU, S/O LATE CHENNA KRISHNAPPA, AGED ABOUT 53 YEARS, 3. CHIKKAMUNICHINNAPPA, S/O LATE KRISHNAPPA, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 AGED ABOUT 64 YEARS, 4. R NARASIMAHAPPA, SINCE DEAD BY HIS LRS 4(A) SMT. NARASAMMA, W/O LATE NARASIMAHAPPA AGED ABOUT 70 YEARS, 4(B) SMT. PADMAMMA, D/O LATE NARASIMAHAPPA, AGED ABOUT 55 YEARS, 4(C) SMT. LAKSHMIDEVAMMA, D/O LATE NARASIMAHAPPA, AGED ABOUT 53 YEARS, 4(D) SMT. MUNIRATHNAMMA, D/O LATE NARASIMAHAPPA, AGED ABOUT 52 YEARS, ALL ARE RESIDING AT R/O MALLEPURA VILLAGE, CHANNARAYAPATNA HOBLI AND POST DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 5. CHINNARAYAPPA, S/O LATE VENKATARAYAPPA, AGED ABOUT 48 YEARS, 6. C NARAYANASWAMY, S/O LATE M.CHINNAPPA, AGED ABOUT 51 YEARS, 7. NARAYANASWAMY, S/O LATE NARAYANAPPA, AGED ABOUT 53 YEARS, 8. C CHINNARAYAPPA, S/O LATE CHIKKAMUNIENKATAPPA, - 3 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 AGED ABOUT 55 YEARS, 9. M NAGARAJU, S/O LATE MUNISHAMAPPA, AGED ABOUT 52 YEARS, 10. M MUNIYAPPA, S/O LATE CHIKKAMUNISHAMAPPA, AGED ABOUT 70 YEARS, 11. 11(A) 11(B) M M CHINNAPPAIAH, SINCE DEAD BY HIS LRS, SMT.RATHNAMMA, W/O LATE.M.M.CHINNAPPAIAH, AGED ABOUT 70 YEARS, SRI.SRINIVAS, S/O LATE M.M.CHINNAPPAIAH, AGED ABOUT 50 YEARS, BOTH ARE R/AT MALLEPURA VILLAGE CHANNARAYAPATNA HOBLI AND POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 12. VENKATESH, S/O LATE V CHINNAPPA, AGED ABOUT 47 YEARS, 13. NARAYANASWAMY, S/O LATE MUNISHAMAPPA, AGED ABOUT 54 YEARS, 14. VENKATESH, S/O LATE MUNIVENKATAPPA, AGED ABOUT 44 YEARS, 15. CHIKKAMUNIYAPPA, S/O LATE MUNISHAMAPPA, AGED ABOUT 64 YEARS, - 4 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 16. M L NARAYANASWAMY, S/O LATE LAGUMAIAH, AGED ABOUT 49 YEARS, 17. NARASIMAPPA, S/O LATE MUNIAPPA, AGED ABOUT 43 YEARS, 18. M D RAMANJANAPPA, S/O LATE DODDAMADDAPPA, AGED ABOUT 34 YEARS, 19. LAKSHAMMA, W/O LATE DODDAMADAPPA, AGED ABOUT 52 YEARS, 20. NARASIMAPPA, S/O LATE MUNITHIPAIAH, AGED ABOU 68 YEARS, 21. DODDAMUNITHIPPAIAH, S/O LATE MUNNIAPPA, AGED ABOU 70 YEARS, 22. GIRISH, S/O PRAKASH, AGED ABOU 27 YEARS, 23. NARASIMAPPA, S/O LATE NARAYANAPPA, AGED ABOU 65 YEARS, 24. M MUNISHAMAPPA, S/O LATE MUNITHIPPAIAH, AGED ABOU 54 YEARS, 25. V NARASIMHAMAPPA S/O LATE VENKATARAMANAPPA, AGED ABOU 60 YEARS, 26. KADIRAPPA, - 5 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 S/O ANJANAPPA, AGED ABOU 39 YEARS, 27. MUNICHOWDESH, S/O VENKATARAYAPPA, AGED ABOU 36 YEARS, 28. MADHURAPPA, S/O LATE DANDAPPA, AGED ABOU 70 YEARS, 29. MUNIYAPPA, S/O LATE NARAYANAPPA, AGED ABOU 66 YEARS, 30. AKKALAREDDY, S/O LATE NARASIMHAPPA, AGED ABOU 49 YEARS, 31. CHIKKAMUNITHIPPAIAH, S/O LATE NARAYANAPPA, AGED ABOU 72 YEARS, 32. NARASIMHAPPA, S/O LATE CHIKKAMALLAPPA, AGED ABOU 74 YEARS, 33. CHIKKAMADDARAPPA, S/O LATE MALLAPPA, AGED ABOU 75 YEARS, 34. KRISHNAPPA, S/O LATE MUNIYAPPA, AGED ABOU 53 YEARS, 35. DODDAPAIAH, S/O LATE APPAJAPPA, AGED ABOU 55 YEARS, 36. VENKATESHAPPA, S/O LATE VENKATARAYAPPA, - 6 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 AGED ABOU 54 YEARS, 37. MUNINARAYANAPPA, S/O LATE VENKATARAYAPPA, AGED ABOU 57 YEARS, 38. MUNISHAMAPPA, S/O LATE KENCHAPPA, AGED ABOUT 65 YEARS, 39. SRIRAMAPPA, S/O LATE KENCHAPPA, AGED ABOU 65 YEARS, 40. NARASIMHAPPA, S/O LATE MUNIYAPPA, AGED ABOU 39 YEARS, 41. VENKATARAYAPPA, S/O LATE MUNIYAPPA, AGED ABOU 64 YEARS, 42. VENKATAKRISHNAPPA, S/O M.CHINNAPPA, AGED ABOU 54 YEARS, 43. M D NARAYANASWAMY, S/O LATE DODADEVAPPA, AGED ABOU 49 YEARS, 44. SHIVANNA, S/O LATE RUDRAPPA, AGED ABOU 69 YEARS, 45. MUNIYAPPA, S/O LATE DANDAPPA, AGED ABOU 62 YEARS, 46. M N MUNIRAJU, S/O NARASIMHAPPA, AGED ABOU 33 YEARS, - 7 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 ALL ARE R/AT MALLEPURA VILLAGE CHANNARAYAPATNA HOBLI AND POST, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. ANANDA H.C., ADVOCATE FOR SRI. LOKESH N, ADVOCATE FOR C/R2 & R3, R5, R7, R8, R13, R18, R21, R20, R23, R27, R28, R29, R30, R31, R37, R40, R43 AND R45; SRI. M.THIMMARAYA SWAMY, ADVOCATE FOR C/R1, R7, R19 AND R39; V/O DTD 16.06.21 NOTICE TO R6 IS H/S; R33, R34, R37, R41, R42, R43, PROPOSED R4(A), R4(B), R4(C) AND R4(D)- SERVED AND UNREPRESENTED; SRI. N.SHIVAKUMAR, ADVOCATE FOR R6 AND R9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE V ADDL. DISTRICT AND SESSIONS JUDGE IN MIS. APPEAL NO.15041/2016 ON I.A.NO.1, DTD.7.7.2017, CONSEQUENTLY DISMISSED THE APPEAL VIDE ANNEX-N. AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Plaintiff 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 28.04.2016 passed on I.A.No.1 and 2 in O.S.No.534/2015 by the Court of Additional Civil Judge and JMFC at Devanahalli and the - 8 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 order dated 07.07.2017 passed on I.A.No.1 in M.A.No.15041/2016 by the Court of V Additional District and Sessions Judge, Devanahalli. 2. Heard the learned counsel for the parties. 3. Suit in O.S.No.534/2015 is filed before the Jurisdictional Civil Court by the petitioner herein seeking the relief of permanent injunction and mandatory injunction in respect of the suit schedule property. Contesting defendants who had entered appearance in said suit have filed written statement and have proposed suit claim. I.A.Nos.1 and 2 were filed on behalf of plaintiff under Order XXXIX Rule 1 & 2 read with Section 151 of CPC. I.A.No.1 was filed with a prayer to grant an order of temporary injunction restraining the defendants from interfering with the possession of the plaintiff in respect of the suit schedule properties and I.A.No.2 was filed with a prayer to restrain the defendants from putting up any further construction or changing the nature of the suit - 9 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 schedule properties. The said applications were opposed by the contesting defendants by filing objections. The Trial Court vide the order impugned rejected I.ANos.1 and 2 filed in O.S.No.534/2015 and as against the said order, petitioner had filed M.A.No.15041/2016 the Appellate Court and I.A.No.1 was filed in M.A.No.15041/2016 to condone the delay of 64 days caused in filing the petition. The Appellate Court had rejected I.A.No.1 filed in M.A.No.15041/2016 and consequently, M.A.No.15041/2016 also was rejected. It is under these circumstances, petitioner is before this Court. 4. Perusal of the material on record would go to show that this Court on 11.09.2017 having heard the learned counsel for the petitioner and also the learned counsel who had filed caveat on behalf of the defendants has granted an interim order restraining the respondents to this writ petition from putting up any further construction in the suit schedule land until further orders. - 10 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 The said interim order is in operation for the last more than eight years. 5. It is brought to the notice of this Court that Suit in O.S.No.534/2015 has been now transferred to the Court of Senior Civil Judge at Devanahalli and re-numbered as O.S.No.957/2023. Be that as it may, fact remains that interim order restraining the respondents from putting up further construction in the suit schedule land, which is passed on 11.09.2017 is in operation in this writ petition for the last eight years and if this writ petition is disposed of directing the Trial Court to expedite trial in O.S.No.957/2023 and dispose of the case on merits, the same would serve the ends of justice. Accordingly, the following: ORDER This writ petition is disposed of with a request to the Trial Court to dispose of O.S.No.957/2023 (O.S.No.534/2015) as expeditiously as possible on merits - 11 - HC-KAR NC: 2025:KHC:47509 WP No. 34949 of 2017 and till the suit is disposed of, the interim order dated 11.09.2017 passed by this Court will enure to the benefit of the petitioner. 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.: 8