- 1 - HC-KAR NC: 2025:KHC-D:16568 MFA No. 101914 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.101914 OF 2025 (CPC) BETWEEN: 1. SRI. VINOD S/O. NARAYANRAO CHORAGE, AGE: 59 YEARS, OCC: BUSINESS, R/O. #470, KRISHNA BAI JADHAV BUILDING, SAKHARWADI, NEAR MARUTI MANDIR, NIPANI, TQ: NIPANI, DIST: BELAGAVI-591 237. 2. SANJAY S/O. NARAYAN CHORAGE, AGE: 63 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O: #470, SAKHARWADI, NEAR MARUTI MANDIR, NIPANI, TQ: NIPANI, DIST: BELAGAVI – 591 237. 3. AVANTI W/O. PRAKASH BIRANJE, AGE: 65 YEARS, OCC: HOUSEHOLD WORK, R/O: 1642, E-WARD, RAJARAMPURI 7TH LANE, NEAR CHANDRAKANT MANDRE ART GALLERY, KOLHAPUR, TQ: KARVIR, DIST: KOLHAPUR, MAHARASHTRA-416 008. 4. LEENA W/O. RAJENDRA KARNURE @ PATIL, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: 2715/3, 1ST CROSS, BEHIND MRF SHOWROOM, NEW VAIBHAV NAGAR, KANGRALI B.K., BELAGAVI, TQ/DIST: BELAGAVI. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:16568 MFA No. 101914 of 2025 5. PRAMOD S/O. VILAS CHORAGE, AGE: 52 YEARS, OCC: NIL, R/O: #470, SAKHARWADI, NEAR MARUTI MANDIR, NIPANI, TQ: NIPANI, DIST: BELAGAVI-591 237. …APPELLANTS (BY SRI. SANTOSH B. MANE, ADVOCATE FOR SRI. N.D. GUNDE, ADVOCATE) AND: 1. SRI. VIKASRAO S/O. VITHALRAO SAVANT, AGE: 71 YEARS, OCC: BUSINESS, R/O. SAKHARWADI, NEAR MARUTI MANDIR, NIPANI-591 237, TQ: NIPPANI, DIST: BELAGAVI. 2. PUSHKRAJ S/O. VIKASRAO SAVANT, AGE: 76 YEARS, OCC: PVT JOB, R/O. SAKHARWADI, NEAR MARUTI MANDIR, NIPANI-591 237, TQ: NIPPANI, DIST: BELAGAVI. 3. VINAYA W/O. VIKASRAO SAVANT, AGE: 61 YEARS, OCC: NIL, R/O. SAKHARWADI, NEAR MARUTI MANDIR, NIPANI-591 237, TQ: NIPPANI, DIST: BELAGAVI. 4. JAYAKUMAR S/O. VIJAYKUMAR SAVANT, AGE: 45 YEARS, OCC: BUSINESS, R/O. SAKHARWADI, NEAR MARUTI MANDIR, NIPANI-591 237, TQ: NIPPANI, DIST: BELAGAVI. 5. PALLAVI VIJAYAKUMAR SAVANT, AGE: YEARS, OCC: HOMEMAKER, R/O. SAKHARWADI, NEAR MARUTI MANDIR, NIPANI-591 237, TQ: NIPPANI, DIST: BELAGAVI. - 3 - HC-KAR NC: 2025:KHC-D:16568 MFA No. 101914 of 2025 6. RAJKUMAR S/O. VITHALRAO SAVANT, AGE: 62 YEARS, OCC: BUSINESS, R/O: SAKHARWADI, NEAR MARUTI MANDIR, NIPPANI - 591 237, TQ: NIPPANI, DIST: BELAGAVI. 7. VISHWASRAO S/O. VITHALRAO SAVANT, AGE: 62 YEARS, OCC: BUSINESS, R/O: SAKHARWADI, NEAR MARUTI MANDIR, NIPPANI - 591 237, TQ: NIPPANI, DIST: BELAGAVI. 8. SULAKSHANA W/O. RAGHUNATH RANE, R/O: SAKHARWADI, NEAR MARUTI MANDIR, NIPPANI - 591 237, TQ: NIPPANI, DIST: BELAGAVI. 9. SWAPNALI W/O. VISHWANATH MORE, R/O: SAKHARWADI, NEAR MARUTI MANDIR, NIPPANI - 591 237, TQ: NIPPANI, DIST: BELAGAVI. 10. SHAMAL W/O. SUSHANT PATIL, R/O: SAKHARWADI, NEAR MARUTI MANDIR, NIPPANI - 591 237, TQ: NIPPANI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE PRAYING TO CALL FOR THE RELEVANT RECORDS; AND ALLOW THIS APPEAL, BY SETTING ASIDE THE ORDER DATED 04.04.2025 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC NIPPANI IN O.S.NO.111/2024 THEREBY REJECTING I.A. NO-1 FILED UNDER ORDER 39 RULE 1 AND 2 OF C.P.C.; AND CONSEQUENTLY ALLOW INTERIM APPLICATION NO.1/2024 FILED BY THE APPELLANTS UNDER ORDER 39 RULE 1 AND 2 AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:16568 MFA No. 101914 of 2025 THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) This appeal is the outcome of the order that is rendered by the Court of Senior Civil Judge, Nippani on I.A.No.I in O.S.No.111/2024 dated 04.04.2025. 2. Heard Sri Santosh B. Mane who represented Sri Neelendra D. Gunde learned counsel on record for the appellants as well as Sri Sivaraj S. Balloli learned counsel on record for respondents 1 to 10. Submissions were made on 17.11.2025 and the matter was ordered to be listed on this day under the caption for ‘dictating judgment’ and accordingly the matter is listed on this day. 3. Though the arguments were advanced by both the learned counsel at length regarding the merits of the matter on 17.11.2025, on this day Sri Santosh B. Mane learned counsel for the appellants submits that the appellants filed I.A.No.I seeking the Court to restrain the - 5 - HC-KAR NC: 2025:KHC-D:16568 MFA No. 101914 of 2025 respondents/defendants and their men from alienating, transferring, mortgaging and from changing the nature of the suit properties till the disposal of the suit. Learned counsel submits that the apprehension of the appellants is that the respondents may alienate the properties, which leads to multiplicity of proceedings and therefore it is enough if temporary injunction only in respect of alienation is granted. 4. Sri Shivaraj S. Balloli learned counsel for respondents states that though the appellants have no case on merits yet with an intention that the matter is required to be disposed of on merits by the Trial Court expeditiously and as there is no intention on part of the respondents/ defendants to alienate the properties, hence the appeal may be disposed of granting injunction only in respect of alienation. 5. Thus having considered the consensus that is arrived by both the learned counsel and as the core issue is with regard to the registered Will of the year 1950 over - 6 - HC-KAR NC: 2025:KHC-D:16568 MFA No. 101914 of 2025 which the appellants relies upon and the registered Will of the year 1957 over which the respondents relies upon and which of the Wills is required to be held valid and enforceable and that issue has to be decided by the Trial Court after recording evidence, this Court considers desirable to dispose of the appeal granting injunction so far as alienation of the suit properties is concerned. Thus the appeal is disposed of with the following: ORDER (i) The order that is rendered by the Court of Senior Civil Judge, Nippani on I.A.No.I in O.S.No.111/2024 dated 04.04.2025 is modified. (ii) Respondents/defendants 1 to 10 are directed not to alienate the suit properties till final disposal of the suit. (iii) The Trial Court is called upon to dispose of the suit as expeditiously as possible. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 18