- 1 - HC-KAR NC: 2025:KHC:33415 WP No. 24600 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24600 OF 2024 (GM-CPC) BETWEEN: 1. SRI. MAHADEVAIAH, S/O LATE BORAIAH, AGED ABOUT 50 YEARS, R/AT GANGAPPANAHALLI VILLAGE, THIPPAGONDANAHALLI POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN - 577213. 2. SRI. MRUTHYUNJAYA, S/O LATE BYRAPPA, AGED ABOUT 52 YEARS, R/AT GANGAPPANAHALLI VILLAGE, THIPPAGONDANAHALLI POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN - 577213. 3. SRI. BASAVARAJ, S/O LATE BYRAPPA, AGED ABOUT 55 YEARS, R/AT GANGAPPANAHALLI VILLAGE, THIPPAGONDANAHALLI POST, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33415 WP No. 24600 of 2024 TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN - 577213. 4. SRI. BYRAPPA, S/O LATE BYRAPPA, AGED ABOUT 40 YEARS, R/AT GANGAPPANAHALLI VILLAGE, THIPPAGONDANAHALLI POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN - 577213. 5. SRI.G. MAHALINGA MURTHY, S/O LATE GANGA BYRAPPA, AGED ABOUT 60 YEARS, R/AT GANGAPPANAHALLI VILLAGE, THIPPAGONDANAHALLI POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN - 577213. 6. SRI. NANJAPPA, S/O LATE BORAIAH, AGED ABOUT 42 YEARS, R/AT NO 1252/2, I-B MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENGALURU - 560040. 7. SMT. SHIVAMMA, W/O LATE DODDA BASAPPA, AGED ABOUT 60 YEARS, R/AT GANGAPPANAHALLI VILLAGE, THIPPAGONDANAHALLI POST, - 3 - HC-KAR NC: 2025:KHC:33415 WP No. 24600 of 2024 TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN - 577213. 8. SMT. SIDDA GANGAMMA, W/O LATE DODDA BASAPPA, AGED ABOUT 62 YEARS, R/AT MUTTUGADAHALLI VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPUR TALUK, BENGALURU DISTRICT. 9. SMT. SHIVARAJAMMA, W/O LATE DODDA BASAPPA, AGED ABOUT 60 YEARS, R/AT LAKSHMAMMANADODDI, RAMANAGARA TALUK, RAMANGARA DISTRICT. 10. SRI.G.K. CHIKKANNAPPA, S/O LATE KALA BYRAPPA, AGED ABOUT 65 YEARS, R/AT GANGAPPANAHALLI VILLAGE, THIPPAGONDANAHALLI POST, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, PIN - 577213. (SENIOR CITIZEN BENEFIT NOT CLAIMED). …PETITIONERS (BY SRI. RAMANA G., ADVOCATE) AND: - 4 - HC-KAR NC: 2025:KHC:33415 WP No. 24600 of 2024 SRI.B.C. NARASIMHAMURTHY, S/O LATE B. CHAYAPATHI, AGED ABOUT 65 YEARS, R/AT NO.311, 1ST FLOOR, 37TH B CROSS, IX-BLOCK, JAYANAGAR, BENGALURU 560069. …RESPONDENT (BY SMT. LAKSHMY IYENGAR, SENIOR COUNSEL FOR SRI.T.NATARAJU, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.31/2023 PENDING ON THE FILE OF THE PRL CIVIL JUDGE AND JMFC AT MAGADI AND IN MA NO. 10/2024 ON THE FILE OF THE ADDL SENIOR CIVIL JUDGE AND JMFC AT MAGADI AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:33415 WP No. 24600 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court calling in question concurrent orders of the concerned Courts, the trial court granting an injunction in favour of the respondent and the challenge to the said order of injunction being turned down by the First Appellate Court. 2. Heard Sri.Ramana G., learned counsel appearing for the petitioners and Smt.Lakshmy Iyengar, learned Senior Counsel for Sri.T.Nataraju, learned counsel appearing for the respondent and have perused the material on record. 3. Learned counsel appearing for the petitioners submits that the subject land is being cultivated by the petitioners from time immemorial and therefore, the injunction order runs counter to the records that are produced before the concerned Court. The First Appellate Court also has not looked - 6 - HC-KAR NC: 2025:KHC:33415 WP No. 24600 of 2024 into the record, is what the learned counsel appearing for the petitioners submits. 4. Per contra, learned Senior Counsel Smt.Lakshmy Iyengar taking this Court to the objections so filed, would seek to demonstrate that there is not a single order in favour of the petitioners till date in plethora of proceedings that they have instituted concerning the subject land. The order of status quo that the learned counsel appearing for the petitioners projects is also an error, is the submission, as what the Coordinate Bench has held, is only not to change the nature of records as obtaining on the said date of the grant of the said order. 5. The theory of the petitioners is not believed by both the Courts. The concerned Court has, by reasoned order granted an injunction in favour of the respondent. The challenge to the said injunction is again turned down by the reasoned order. The reasons being cogent, there is no warrant of interference at the hands of this Court in exercise of jurisdiction under Article 227 of the Constitution of India. - 7 - HC-KAR NC: 2025:KHC:33415 WP No. 24600 of 2024 6. Finding no perversity in those orders, the petition thus lacking in merit, stands rejected. 7. All contentions that are urged in the subject petition, the petitioners or the respondent would be at liberty to urge before the concerned Court. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 15