- 1 - HC-KAR NC: 2025:KHC-D:16647 WP No. 147247 of 2020 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. 147247 OF 2020 (GM-CPC) BETWEEN: 1. SRI. MALLAPPA S/O. DILLEPPA BEERALA @ MAKASARI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: RAHUTANAKATTI, TQ: RANEBENNUR, DIST: HAVERI. 2. SRI. MALATESH S/O. DILLEPPA BEERALA @ MAKASARI, AGE: 51 YEARS, OCC: AGRICULTURE, R/O: RAHUTANAKATTI, TQ: RANEBENNUR, DIST: HAVERI. …PETITIONERS (BY SRI. S.K.KAYAKAMATH, ADVOCATE) AND: 1. SMT. NAGARATNA W/O. NINGAPPA BEERALA @ MAKASARI, AGE: 47 YEARS, OCC: HOUSEHOLD WORK AND AGRICULTURE, R/O: MARUTI NAGAR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:32:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16647 WP No. 147247 of 2020 6TH CROSS, TQ: RANEBENNUR, DIST: HAVERI-581115. 2. SMT. CHANDRAKALA D/O. NINGAPPA BEERALA @ MAKASARI, AGE: 31 YEARS, OCC: HOUSEHOLD WORK, AND AGRICULTURE, R/O : MARUTI NAGAR, 6TH CROSS, TQ: RANEBENNUR, DIST: HAVERI-581115. 3. SRI. SHIVANANDA S/O. NINGAPPA BEERALA @ MAKASARI, AGE: 29 YEARS, OCC: AGRICULTURE AND STUDENT, R/O: MARUTI NAGAR, 6TH CROSS, TQ: RANEBENNUR, DIST: HAVERI-581115. …RESPONDENTS (BY SRI. ROHIT S.PATIL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYIG TO SET ASIDE THE IMPUGNED ORDER DATED 03.06.2020 PASSED IN M.A. 7/2019 ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE, RANEBENNUR VIDE ANNEXURE-H AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16647 WP No. 147247 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 03.06.2020 in M.A. No.7/2019 granting temporary injunction in favour of the defendants/respondents who claimed injunction against the plaintiffs/petitioners. 2. The temporary injunction was refused by the Trial Court. The First Appellate Court in Miscellaneous Appeal filed by the defendants has allowed the appeal and granted temporary injunction. 3. Learned counsel appearing for the petitioners would submit that the Court could not have granted injunction as the properties in question are not adjoining to each other and it is evident from the compromise decree which has attained finality in O.S.No.381/2011 on the file of Civil Judge, Ranebennur. 4. It is urged that the Appellate Court cannot lightly interfere with the order passed by the Trial Court in exercise of Order XXXIX Rule 1 and 2 of the Code of Civil Procedure (‘Code’ for short). - 4 - HC-KAR NC: 2025:KHC-D:16647 WP No. 147247 of 2020 5. Learned counsel for the respondents/defendants would contend that pursuant to the compromise decree, Execution Petition was filed and the property was demarcated by appointing the Court Commissioner and the Commissioner has prepared the sketch. The sketch would indicate that both properties are adjoining to each other and that sketch not being questioned, the Appellate Court is justified in granting temporary injunction. 6. The Court has considered the contentions raised at the Bar and perused the records. 7. Admittedly, the suit is one for possession. That means, the plaintiffs are not in possession of property as on the date of the suit. Defendants are in possession of the property. Whether the plaintiffs have title over the property or not is to be adjudicated in the suit. In case, if it is found that the plaintiffs have title over the property, then there will be a decree for possession. In which event the plaintiffs can also seek mesne profits. - 5 - HC-KAR NC: 2025:KHC-D:16647 WP No. 147247 of 2020 8. Under these circumstances, the Court does not find any error in the order passed by the Appellate Court which has granted temporary injunction in favour of the defendants who are admittedly in possession. 9. Hence, the following: ORDER i. The petition is dismissed. ii. It is made clear that the Court has not expressed anything on the merits of the matter. iii. All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 2 Sl No.: 11