- 1 - HC-KAR NC: 2025:KHC-D:18144 WP No. 104007 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104007 OF 2025 (GM-CPC) BETWEEN: 1. SRI. MOHAMMAD ANSAR S/O. MOHIDDIN KHATIB, AGE: 50 YEARS, OCC: NIL, 2. SRI. MAQBOOL S/O. MOHIDDIN KHATIB AGE: 46 YEARS, OCC: NIL, 3. SMT. SHAHIDA W/O. ABDULLA KOLA AGE: 54 YEARS, OCC: NIL, 4. SRI. IRSHAD S/O. MOHIDDIN KHATIB AGE: 52 YEARS, OCC: NIL, 5. SMT. SHAINAZ W/O. ABDUL KHATIB AGE: 48 YEARS, OCC: NIL, ALL ARE R/O. H.NO.14, NEAR ALWA SHINE MASJID, CHOWK BAZAR, SUSAGADI VILLAGE, TQ: BHATKAL, DIST: UTTAR KANNADA. …PETITIONERS (BY SRI. SADIQALI N.GOODWALA, ADVOCATE) AND: 1. SRI. NARASIMHA S/O. MANJAYYA NAIK AGE: 64 YEARS, OCC: NIL, 2. SRI. GANAPATI S/O. MAJAYYA NAIK CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.12.17 12:04:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18144 WP No. 104007 of 2025 AGE: 60 YEARS, OCC: NIL, 3. SMT. LAXMI W/O. CHENNAPPA NAIK AGE: 69 YEARS, OCC: NIL, 4. SRI. MANJAYYA S/O. CHENNAPPA NAIK AGE: 51 YEARS, OCC: NIL, 5. KUMARI. KALPANA D/O. CHENNAPPA NAIK AGE: 31 YEARS, OCC: NIL, 6. SMT. VIDYA W/O. SHRIDHAR NAIK AGE: 49 YEARS, OCC: NIL, 7. SRI. AMITHRAJ S/O. SHRIDHAR NAIK AGE: 26 YEARS, OCC: NIL, 8. KUMARI. ARPITA D/O. SHRIDHAR NAIK AGE: 21 YEARS, OCC: NIL, ALL ARE R/O. PARMITTALAMANE, KB ROAD, CHOWTHANI, BHATKAL, TQ: BHATKAL, DIST: UTTAR KANNADA. …RESPONDENTS (BY SRI. LINGESH V.KATTEMANE, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 08.04.2025 PASSED BY SENIOR CIVIL JUDGE, BHATKAL IN MISC. APPEAL NO. 5/2022 VIDE ANNEXURE F AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18144 WP No. 104007 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 08.04.2025 passed in Misc.Appeal No.5/2022 on the file of Senior Civil Judge, Bhatkal1. 2. The First Appellate Court reversed the order passed on the application seeking temporary injunction. The Trial Court, in O.S.No.121/2020, has rejected the application for temporary injunction filed to restrain the defendants/petitioners from alienating the suit property. 3. The First Appellate Court allowed the appeal and granted a temporary injunction in favour of the plaintiffs, thereby restraining the defendants/petitioners from alienating the suit property till the disposal of the suit. 4. Learned counsel appearing for the petitioners filed a memo seeking withdrawal of the petition and further submitted that the liberty may be reserved to the petitioners/defendants to seek permission to alienate the suit property, and the same shall be considered by the Trial Court in accordance with law. 1 For short, ‘First Appellate Court’ - 4 - HC-KAR NC: 2025:KHC-D:18144 WP No. 104007 of 2025 5. Submission is placed on record. 6. Accordingly, the petition is disposed of. 7. Liberty is reserved to the petitioners/defendants to file an application seeking permission to alienate the suit property, in case the petitioners intend to alienate the suit property. 8. If such application is filed, taking into consideration subsequent developments, if any, the Trial Court shall consider the same in accordance with law. 9. It is made clear that this Court has not expressed anything on the merits of the applications likely to be filed. 10. All contentions kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:VH List No.: 1 Sl No.: 14