- 1 - HC-KAR NC: 2025:KHC-D:16648 WP No. 107938 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107938 OF 2018 (GM-CPC) BETWEEN: SHRI. SANJAY S/O. BALASAHEB KHOT, AGE: 42 YEARS, OCC: PRIVATE SERVICE, R/O: NAGANUR, TQ: CHIKODI, DIST: BELAGAVI, NOW AT R.S. NO.237/2, PLOT NO.10 AND 11, KATE MALA, SHUBHARAMBH HEIGHTS, FLAT NO.302, MUKT SAINIK VASAHAT, KOLHAPUR-416005, TQ: KARVEER, DIST: KOLHAPUR. …PETITIONER (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: SHRI. DAGADU S/O. ANNAPPA CHENDAKE, AGE: 73 YEARS, OCC: AGRICULTURE, R/O: NAGANUR-591241, TQ: CHIKODI, DIST: BELAGAVI. …RESPONDENT (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, NIPANI IN MA.NO.10/2018 ON 29.10.2018 PRODUCED AS PER ANNEXURE-A AND ETC. THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16648 WP No. 107938 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent. 2. This petition is filed assailing the order dated 29.10.2018 passed by the Senior Civil Judge, Nippani in M.A. No.10/2018 which has vacated the injunction order granted in favour of the petitioner/plaintiff by the Trial Court. 3. After the impugned order is passed, this Court on 03.04.2019 had passed an order staying the operation of the order passed by the First Appellate Court. Said order is in force till today. 4. It is stated that the case is listed for recording evidence and it is further stated that suit for specific performance and suit for partition is pending between the parties. 5. Under these circumstances, without expressing anything on the merits of the claim of either of the parties and keeping all questions open, the following order is passed:- - 3 - HC-KAR NC: 2025:KHC-D:16648 WP No. 107938 of 2018 ORDER i. Writ petition is disposed of with a direction to both the parties to co-operate for early disposal of both the suits. ii. It is made clear that this Court has not recorded any finding on the claim of the parties relating to the possession over the property. iii. The finding recorded by the Trial Court and the First Appellate Court while granting injunction and refusing injunction should not be construed as binding finding while deciding the suit. iv. The interim stay order granted by this Court which was in force till today shall continue till the disposal of the suit. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 2 Sl No.: 19