- 1 - HC-KAR NC: 2025:KHC-D:18130 WP No. 107428 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107428 OF 2025 (GM-CPC) BETWEEN: 1. SHRI VAJIRA MINAJI APPUGOL, AGE. 75 YEARS, OCC. RETIRED, R/O. SHIVAJI GALI, KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 2. SHRI NAGAPPA MINAJI APPUGOL, AGE. 73 YEARS, OCC. RETIRED, R/O. SHIVAJI GALI, KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. … PETITIONERS (BY SRI. S.B. DODDAGOUDAR, ADVOCATE) AND: 1. SMT. DEMAVVA W/O VITTAL SAIBANNAVAR, AGE. 80 YEARS, OCC. AGRICULTURE, R/O. RAM NAGAR KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 2. SHRI CHANNAPPA MINAJI APPUGOL, AGE. 81 YEARS, OCC. AGRICULTURE, R/O. RAMNAGAR KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 3. SHRI SIDDAPPA MINAJI APPUGOL, AGE. 79 YEARS, OCC. AGRICULTURE, R/O. SHIVAJI GALLI KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 4. SMT. KALLAVVA W/O. FAKIRA APPUGOL, AGE. 69 YEARS, OCC. HOUSEHOLD, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.12.17 12:04:08 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18130 WP No. 107428 of 2025 R/O. TANAJI GALLI KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 5. SHRI MINAJI S/O. FAKIRA APPUGOL, AGE. 41 YEARS, OCC. AGRICULTURE, R/O. TANAJI GALLI KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 6. SHRI KALAPPA S/O. FAKIRA APPUGOL, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. TANAJI GALLI KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 7. SHRI NINGAPPA S/O. MALLAPPA KAGNIKAR, AGE. 70 YEARS, OCC. AGRICULTURE, R/O. RAMNAGAR KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 8. SHRI KEMPANNA S/O. MALLAPPA KAGNIKAR, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. RAMNAGAR KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 9. SHRI VITHAL S/O. MALLAPPA KAGNIKAR, AGE. 48 YEARS, OCC. AGRICULTURE, R/O. BHUTRAMATTI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 10. SMT. RENUKA BEERAPPA DEMANNAVAR, AGE. 60 YEARS, OCC. HOUSEWIFE, R/O. DESAI GALLI KONDUSKOPPA VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 11. SMT GANGAVVA W/O. SIDDAPPA APPUGOL, AGE. 73 YEARS, OCC. HOUSEHOLD WORK, R/O. TANAJI GALLI KADOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. 12. SMT KALLAWWA D/O. MALLAPPA KAGNIKAR, AGE. 69 YEARS, OCC. HOUSEHOLD WORK, R/O. TANAJI GALLI KADOLI VILLAGE, - 3 - HC-KAR NC: 2025:KHC-D:18130 WP No. 107428 of 2025 TQ. AND DIST. BELAGAVI-590 001. 13. SMT BHAGUBAI W/O. RAMA TIPPANGOL, AGE. 70 YEARS, OCC. HOUSEHOLD WORK, R/O. NAVIGALLI SHINDOLI VILLAGE, TQ. AND DIST. BELAGAVI-590 001. … RESPONDENTS (NOTICE TO R1 IS SERVED; NOTICE TO R2-R13 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI FOR QUASHING THE IMPUGNED ORDER VIDE ANNEXURE A DATED 04/08/2025 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM BELAGAVI IN M.A.NO.34/2025 WHEREIN THE APPELLATE COURT HAS CONFIRMED THE ORDER PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC, AT BELAGAVI IN O.S.NO.456/2025 DATED 13/06/2025 ON I.A.NO.II, SEEKING TEMPORARY INJUNCTION RESTRAINING THE DEFENDANTS NO.3 AND 4/PETITIONER THEIR AGENTS, SERVANTS OR ANYBODY ACTING ON THEIR BEHALF FROM PUTTING CONSTRUCTION THEREBY CHANGING THE NATURE OF SUIT PROPERTIES I.E., OVER THE SUIT SCHEDULE B“3” PROPERTY I.E., THE PROPERTY BEARING G P NO.758 MEASURING EAST X WEST = 20FT AND NORTH X SOUTH = 50FTS TOTAL MEASURING 1000 FTS SITUATED AT KADOLI VILLAGE TQ/DIST. BELAGAVI VIDE ANNEXURE-C; TO DISMISS THE INTERIM APPLICATION NO.II FILED IN O.S.NO.456/2025 WHICH IS PENDING ON THE FILE OF THE PRL CIVIL JUDGE AND JMFC BELAGAVI FILED UNDER ORDER XXXIX RULE 1 AND 2 CPC READ WITH SECTION 151 CPC SEEKING TEMPORARY INJUNCTION RESTRAINING THE DEFENDANTS NO.3 AND 4/PETITIONER THEIR AGENTS, SERVANTS OR ANYBODY ACTING ON THEIR BEHALF FROM PUTTING CONSTRUCTION THEREBY CHANGING THE NATURE OF SUIT PROPERTIES I.E., OVER THE SUIT SCHEDULE B“3” PROPERTY I.E., THE PROPERTY BEARING G P NO.758 MEASURING EAST X WEST = 20FT AND NORTH X SOUTH = 50FTS TOTAL MEASURING 1000 FTS SITUATED AT KADOLI VILLAGE TQ/DIST BELAGAVI VIDE ANNEXURE-C AND ETC. - 4 - HC-KAR NC: 2025:KHC-D:18130 WP No. 107428 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners. 2. Though the plaintiff is served, is not represented. 3. This petition is filed assailing the order dated 04.08.2025 passed by the I Additional Senior Civil Judge, Belagavi in M.A.No.34/2025 wherein the Appellate Court has confirmed the order passed by the Principal Civil Judge, Belagavi, in O.S.No.456/2025 dated 13.06.2025 on I.A.No.II, restraining the petitioners from putting up a structure in one of the suit schedule properties namely suit schedule ‘B3’ property. 4. The temporary injunction granted by the Trial Court is confirmed by the First Appellate Court in M.A.No.34/2025 on the file of Senior Civil Judge, Belagavi. 5. Admittedly, the suit is one for partition and separate possession. The petitioners/defendants No.3 and 4 have taken a contention that part of the property which is purchased by - 5 - HC-KAR NC: 2025:KHC-D:18130 WP No. 107428 of 2025 defendants No.3 and 4 is where the construction is coming up and the plaintiff cannot claim any right over the said property. 6. It is his further submission that before the suit is filed, the construction had commenced and the plaintiff not being diligent cannot seek temporary injunction. 7. Learned counsel for the petitioners has filed a memo showing the extent of construction in the suit schedule property referred to above. 8. Learned counsel for the petitioners also makes a submission that in case, the suit is decreed, defendants No.3 and 4/petitioners will not claim any special equity over the property where the construction has come up and even if the property where the construction has come up is allotted to the share of the plaintiff, they will not object on the ground that they have put up a structure. 9. Under these circumstances, the temporary injunction order granted by the Trial Court and confirmed by the First Appellate Court are set aside subject to the following conditions. - 6 - HC-KAR NC: 2025:KHC-D:18130 WP No. 107428 of 2025 a. In case plaintiff’s suit is decreed, defendants No.3 and 4 cannot insist for allotment of the property where construction has come up to their share. b. This order should not be construed as having expressed any opinion on the merits of the claim of the petitioners. c. The contention whether the property is the joint property or the self-acquired property is left open. d. However, it is also made clear that the plaintiff is willing to accept the compensation in respect of the property where the construction has come up the Court, while effecting division may consider such request. 10. With the above observations, writ petition is allowed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT-MCK LIST NO.: 1 SL NO.: 79