- 1 - HC-KAR NC: 2025:KHC:51693 WP No. 5839 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5839 OF 2024 (GM-CPC) BETWEEN: SRI. NANJEGOWDA, S/O GANGAIAH @ KATHRAIAH, AGED ABOUT 45 YEARS, R/A MUDDUGERESETTIPALYA VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 134. …PETITIONER (BY MS.VASUNDARA.T.P., ADVOCATE FOR SRI. SIDDAMALLAPPA.P.M., ADVOCATE) AND: SRI. NINGEGOWDA, S/O LATE PUTTAPATHAIAH, AGED ABOUT 87 YEARS, ANDANAIAH EXTENSION, KUNIGAL TOWN TUMKUR DISTRICT, PINCODE - 572 130. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 16/03/2023 PASSED IN OS NO.193/2021, PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, KUNIGAL PASSED AS PER ANNEXURE-E AND ALSO THE IMPUGNED ORDER DATED 06/02/2024, PASSED IN MA NO. 7/2023, PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, KUNIGAL AS PER ANNEXURE-G AND THEREBY ORDER TO DISMISS THE APPLICATION IA NO. I FILED THEREIN AS PER ANNEXURE-C AND ETC., Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51693 WP No. 5839 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Defendant is before this Court in this writ petition filed under Article 227 of the Constitution of India assailing the order dated 16.03.2023 passed on I.A.No.1 in O.S.No.193/2021 by the Court of Principal Civil Judge and JMFC, Kunigal and the order dated 06.02.2024 passed in M.A.No.7/2023 by the Court of Senior Civil Judge and JMFC, Kunigal. 2. Heard the learned counsel for the petitioner. 3. Respondent herein had filed O.S.No.193/2021 before the Jurisdictional Civil Court at Kunigal seeking the relief of permanent injunction and in the said suit, I.A.No.1 was filed under Order 39 Rule 1 and 2 of CPC. Said application was opposed by the petitioner who is the sole defendant in O.S.No.193/2021. The Trial Court vide order dated 16.03.2023 has allowed I.A.No.1 in - 3 - HC-KAR NC: 2025:KHC:51693 WP No. 5839 of 2024 O.S.No.193/2021 and said order has been unsuccessfully challenged by the petitioner herein in M.A.No.7/2023 which was dismissed by the Court of Senior Civil Judge and JMGC, Kunigal by order dated 06.02.2024. Aggrieved by the aforesaid two orders, the defendant is before this Court. 4. Learned counsel for the petitioner submits that petitioner is an agreement holder of the suit schedule property and a separate suit in O.S.No.39/2018 is filed seeking specific performance of the agreement dated 17.11.2016 executed by the plaintiff in respect of the suit schedule property. Petitioner is in possession of the suit schedule property under the said agreement and therefore the courts below were not justified in passing the order impugned. 5. Perusal of the material on record would go to show that undisputedly the respondent herein who is plaintiff in O.S.No.193/2021 is the original owner of the - 4 - HC-KAR NC: 2025:KHC:51693 WP No. 5839 of 2024 suit schedule property. According to the petitioner who is defendant in O.S.No.193/2021, the respondent herein has executed an agreement for sale dated 17.11.2016 in respect of the suit schedule property and under the said agreement for sale, the petitioner is put in possession of the suit schedule property. 6. It is relevant to note here that the petitioner has filed a separate suit in O.S.No.39/2018 before the Jurisdictional Civil Court seeking the relief of specific performance of the agreement for sale dated 17.11.2016. The Trial Court as well as the Appellate Court have observed in the body of the order impugned that petitioner has failed to produce the copy of the agreement dated 17.11.2016 before the Court to show that petitioner has been put in possession of the suit schedule property under the said agreement. It is under these circumstances the Trial Court as well as the Appellate Court have passed the orders impugned. In the absence of any document to show that petitioner has been put in possession of the suit - 5 - HC-KAR NC: 2025:KHC:51693 WP No. 5839 of 2024 schedule property, I am of opinion the courts below were fully justified in passing the orders impugned and I do not find any illegality or irregularity in the said orders. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 36