- 1 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24562 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 24953 OF 2023 (GM-CPC) IN WP No. 24562/2023 BETWEEN: 1. SMT. SIDDAMMA W/O LATE KATAPPA @ BADALAIAH AGED ABOUT 80 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 2. SMT. KATAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 60 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 3. SRI MAHALINGAIAH S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 58 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 CHITRADURGA DISTRICT – 577 533. 4. SMT. SHIVALINGAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 56 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 5. SRI BASAVARAJAPPA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 54 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 6. SMT. GANGAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 52 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 7. SRI CHANDRAPPA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 50 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 8. SMT. KARIYAMMA - 3 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 45 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 9. SRI RANGANATHA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 41 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 10. SMT. CHANDRAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 39 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 11. SRI MANJAPPA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 37 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 12. SMT. SAKAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 36 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. …PETITIONERS (BY SRI GOVINDARAJU K., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 AND: SMT. GANGAMMA W/O LATE BASAPPA AGED ABOUT 58 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. …RESPONDENT (BY SRI HANUMANTHAPPA A., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 04.10.2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HOSADURGA IN M.A.NO.1/2023 ANNEXURE-A AND ETC., IN WP NO. 24953/2023 BETWEEN: 1. SMT. SIDDAMMA W/O LATE KATAPPA @ BADALAIAH AGED ABOUT 80 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 2. SMT. KATAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 60 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. - 5 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 3. SRI MAHALINGAIAH S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 58 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 4. SMT. SHIVALINGAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 56 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 5. SRI BASAVARAJAPPA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 54 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 6. SMT. GANGAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 52 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 7. SRI CHANDRAPPA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 50 YEARS - 6 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 8. SMT. KARIYAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 45 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 9. SRI RANGANATHA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 41 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 10. SMT. CHANDRAMMA D/O LATE KATAPPA @ BADALAIAH AGED ABOUT 39 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 11. SRI MANJAPPA S/O LATE KATAPPA @ BADALAIAH AGED ABOUT 37 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. 12. SMT. SAKAMMA D/O LATE KATAPPA @ BADALAIAH - 7 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 AGED ABOUT 36 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. ...PETITIONERS (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: SMT. GANGAMMA W/O LATE BASAPPA AGED ABOUT 58 YEARS R/AT MENGASANDRA VILLAGE SRIRAMPURA HOBLI, HOSADURGA TALUK CHITRADURGA DISTRICT – 577 533. ...RESPONDENT (BY SRI HANUMANTHAPPA A., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 04.10.2023 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT HOSADURGA IN M.A.NO.2/2023 ANNEXURE-A AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – plaintiffs are before this Court calling in question an order dated 04.10.2023, passed by the Senior Civil Judge and JMFC, Hosadurga, in M.A.Nos.1 and 2 of 2023, - 8 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 whereby, confirming the order dated 13.12.2022, passed by the Additional Civil Judge and JMFC, Hosadurga, rejecting the applications – I.A.Nos.I and II, filed under Order XXXIX Rules 1 and 2 of CPC, seeking temporary injunction, in O.S.No.440/2022. 2. Heard Sri Govindaraju K., learned counsel for the petitioners and Sri Hanumanthappa A., learned counsel for the respondent, in both the petitions. 3. The petitioners – plaintiffs institute a suit in O.S.No.440/2022 seeking declaration and permanent injunction against the defendant. The concerned Court, by a detailed order, reject the applications – I.A.Nos.I and II filed under Order XXXIX Rules 1 and 2 of the CPC, thereby declining to grant temporary injunction. This is tossed to, by the plaintiffs before the first appellate Court in M.A.Nos.1 and 2 of 2023. The first appellate Court also dismisses the miscellaneous appeals by another detailed order by going into the entire veracity of the claim of the petitioners. On these concurrent findings of both the concerned Courts on the applications filed under Order XXXIX Rules 1 and 2 of the CPC and the orders - 9 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 passed in the original suit and the miscellaneous appeals, the petitioners - plaintiffs are before this Court in the subject petition. 4. This Court in terms of its order dated 07.11.2023 had directed parties to maintain status quo in W.P.No.24562/2023. 5. Learned counsel for the petitioners submits that their case is dependent upon a particular mutation entry of the subject land, which is mutated in favour of the defendant, without there being any basis for such mutation. Learned counsel would further submit that he had applied under the Right to Information Act and no information comes about, as to on what basis the change of mutation entry happened, is furnished to the petitioners, thereby, the inference that he seeks to draw is that, there is no basis for change of mutation entry. The entire suit is therefore, based upon the said fact and submits that the interim order that was passed directing parties to maintain status quo, should be continued till the disposal of the suit. - 10 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 6. Learned counsel for the respondent would however, refute the submissions contending that the petitioners - plaintiffs have filed not 1 but 3 suits. All 3 suits though were for permanent injunction have been dismissed and those dismissals have become final. The subject suit is the 4th in the line, claiming declaration and injunction, a declaration as an extra relief. Learned counsel further submits that the concerned Court answering the suits for injunction, have gone into great detail while rejecting the suits and those rejections have become final. 7. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record. 8. The afore-narrated facts are not in dispute. The petitioners – plaintiffs had filed 3 suits is a matter of record, albeit, those suits being one for grant of injunction, restraining the defendant from interfering with their possession. Those 3 suits have been dismissed and this is also a matter of record. The relief of injunction that they have sought is also a matter of record. Throughout, those 3 suits having been turned down - 11 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 and after those 3 suits being turned down, the petitioners now come up with a declaratory relief seeking declaration and injunction. The basis is the same, the plea is the same and the contentions are all same, except the contention with regard to the revenue record or the mutation entry entered into in the name of the defendant. 9. Learned counsel for the respondent rightly contends that there is no warrant to continue the status quo order, as in the teeth of the status quo order, there has been squabble between the parties, which has led to registration of FIR against the plaintiffs by the defendant. He would submit that the respondent – defendant is in possession throughout, due to the dismissal of the 3 suits seeking injunction filed by the plaintiffs. 10. The submission prima facie merits acceptance. In that light, there is no warrant to continue the interim order and the suit is at large before the concerned Court. - 12 - HC-KAR NC: 2025:KHC:26435 WP No. 24562 of 2023 C/W WP No. 24953 of 2023 11. For the aforesaid reasons, the petitions stand rejected. The concerned Court shall expedite its proceedings. The interim order of any kind, subsisting, stands dissolved. All contentions are kept open. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 10 CT:SS