- 1 - HC-KAR NC: 2025:KHC:54012 MFA No. 5440 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5440 OF 2025 (CPC) BETWEEN: 1. SRI M R SHIVASHANKAR S/O LATE RAMAIAH, AGED ABOUT 62 YEARS, 2. SRI M R MADUSUDHAN S/O LATE RAMAIAH, AGED ABOUT 59 YEARS, BOTH ARE RESIDING AT NO.1, RAMAIAH FARMS, 24TH MAIN ROAD END, JP NAGAR, BANGALORE - 560 078. …APPELLANTS (BY SRI. VINAYAKA B. VISHNU BATTA, ADVOCATE) AND: 1. SMT SEETHAMMA W/O LATE ARJUNAPPA, AGED ABOUT 75 YEARS, RESIDING AT NO. 601, KAMMANAHALLI MAIN ROAD, DODDAKAMMANAHALLI, KOTTIGERE, BANGALORE - 560 034. 2. SMT SUSHEELAMMA W/O LATE RAMAIAH, AGED ABOUT 84 YEARS, RESIDING AT NO.623, 10TH A MAIN ROAD Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54012 MFA No. 5440 of 2025 JAYANAGAR BENGALURU - 560 041 3. SRI M R RAMPRASAD S/O LATE RAMAIAH, AGED ABUT 58 YEARS, RESIDING AT NO.1, RAMAIAH FARMS, 24TH MAIN ROAD, J P NAGAR, BENGALURU - 560 011. 4. M/S RAJA HOUSING LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, OFFICE AT NO. 51, S R ROAD, VISVESWARAPURAM, BENGALURU - 560 004. REPRESENTED BY MANAGING DIRECTOR SRI RAJA DATA. …RESPONDENTS (BY SRI. K. VIJAYA KUMAR, ADVOCATE FOR C/R1 IN C.P.NO.13909/2025) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.17.06.2025 ON IA NO.1 IN O.S.NO.1312/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.1 FILED U/O.39 RULES 1 AND 2 R/W SEC.151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:54012 MFA No. 5440 of 2025 ORAL JUDGMENT The appeal is filed by defendant Nos.2 and 3 questioning the order dated 17.06.2025 passed on I.A.No.1 in O.S.No.1312/2023 by the Court of the Principal Senior Civil Judge, Bangalore Rural District, Bengaluru, whereby the application filed under Order XXXIX Rules 1 and 2 of CPC is allowed. 2. It is submitted that the plaintiff on which placing a reliance over the Land Tribunal virtually has not been passed. But this fact is disputed by the learned counsel for the respondent/plaintiff. Therefore, whether the Land Tribunal has passed the order on which the plaintiff has relied on was actually passed or not, is the question to be considered in the suit before the trial Court. 3. This Court in W.P.No.31505/2024 dated 26.11.2025 has passed an order to maintain status quo regarding revenue entries in respect of the land which is the subject matter in the suit and in the writ petition. - 4 - HC-KAR NC: 2025:KHC:54012 MFA No. 5440 of 2025 Therefore, it is submitted that if an order of status quo so far as possession over the suit schedule land is concerned, that would be sufficient and will protect the rights in the suit till disposal of the suit. 4. Therefore, it is hereby directed both the appellant and respondents shall maintain status quo in regard to the possession as on today. 5. The trial Court shall expedite the trial and dispose of the suit in accordance with law not later than one and half year. 6. With the above directions, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 29