- 1 - HC-KAR NC: 2025:KHC:37163 WP No. 23538 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23538 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SOMBAMMA, D/O LATE MUNITHIMMAIAH AGED ABOUT 70 YEARS, 2. SMT JAYALAKSHMAMMA D/O LATE RAMAIAH AGED ABOUT 50 YEARS, 3. SRI RAJAPPA S/O LATE RAMAIAH AGED ABOUT 48 YEARS, 4. SMT MANJULAMMA S/O LATE RAMAIAH AGED ABOUT 46 YEARS, 5. SRI PAPANNA S/O LATE RAMAIAH AGED ABOUT 44 YEARS, 6. SRI MUNIRAJU S/O LATE RAMAIAH AGED ABOUT 39 YEARS, ALL RESIDING AT KUDULU VILLAGE, ANEKAL TALUK, BANGALORE URBAN DISTRICT- 560068 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37163 WP No. 23538 of 2024 …PETITIONERS (BY SRI. SWAMY N B N., ADVOCATE) AND: SRI. M.V. MURALI SON OF SRI M S VENKATRAMAIAH, AGED ABOUT 55 YEARS RESIDING AT NO 1494, 17TH A MAIN, J P NAGAR II PHASE, BANGALORE- 560 078 …RESPONDENT (BY SMT. VIDYULATHA., ADVOCATE FOR C/R) THIS WP IS FILED UDNER THE ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER PASSED ON 8.07.2024 IN LA.NO. I IN O.S.NO.94/2020ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, ANEKALB) CONSEQUENTIALLY TO DECLARE THAT THE SUIT SCHEDULE SITE DOES NOT FORM PART OF SURVEY NO.28 OF KUDULU VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK ANDGRANT AN INTERIM ORDER STAY, STAYING ALL FURTHER PROCEEDINGS OF THE ORDER PASSED ON 8.07.2024 IN I.A.NO. 1 IN O.S.NO.94/2020 ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, ANEKAL PENDING DISPOSAL OF THE ABOVE WRIT PETITION THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37163 WP No. 23538 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The averment in the petition is, by the impugned order after hearing both the parties, the concerned Court has granted temporary injunction in favour of the plaintiff. Therefore, the petitioner ought to have preferred an appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 and not a petition under Article 227 of the Constitution of India. 2. Reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SS List No.: 1 Sl No.: 360