- 1 - HC-KAR NC: 2025:KHC:52694 WP No. 16843 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 16843 OF 2022 (GM-CPC) BETWEEN: 1. SRI KARAGAIAHA S/O LATE MEESEGURVAIAHA @ MEESEGURUVABHOVI AGED ABOUT 73 YEARS. 2. SRI NANJAPPA S/O LATE MEESEGURVAIAHA @ MEESEGURUVABHOVI AGED ABOUT 68 YEARS. 3. SRI RAMANNA S/O LATE MEESEGURVAIAHA @ MEESEGURUVABHOVI AGED ABOUT 63 YEARS. 4. SRI VENKATARAMAIAHA S/O LATE MEESEGURVAIAHA @ MEESEGURUVABHOVI AGED ABOUT 58 YEARS. ALL ARE RESIDING AT GUDDALAHALLI VILLAGE AJJANAHALLI POST MADABAL HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 561 201. …PETITIONERS (BY SRI RAVISHANKAR SHASTRY G, ADV.) AND: 1. SRI VENKATARAMAIAH S/O LATE GANGAIAH AGED ABOUT 43 YEARS VADDARADODDI SRINIVASAPURA VILLAGE, KOOTAGAL HOBLI Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52694 WP No. 16843 of 2022 RAMANAGARA TALUK RAMANAGARA DISTRICT - 561 201. 2. SRI SIDDARAJU S/O LATE GANGAIAH AGED ABOUT 41 YEARS VADDARADODDI (KOLAMARAKUPPE) VILLAGE, KOOTAGAL HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT - 561 201. 3. SRI CHIKKATHAYAMMA W/OLATE GANGAIAH AGED ABOUT 58 YEARS. 4. SRI NAGARAJU G S/O LATE GANGAIAH AGED ABOUT 38 YEARS. 5. SRI RAMESH G S/OLATE GANGAIAH AGED ABOUT 33 YEARS. RESPONDENTS NO.1 TO 5 ARE ALL RESIDING AT VADDARADODDI SRINIVASAPURA VILLAGE KOOTAGAL HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT - 561 201. 6. SMT. RATHNAMMA W/O LATE VENKATESHAIAH AGED ABOUT 58 YEARS GUDDALAHALLI VILLAGE AJJANAHALLI POST, MADABAL HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 561 201. 7. SMT. GANGAMMA W/O SALLAPURAIAH AGED ABOUT 56 YEARS R/AT HUCCHAMMANADODDI VILLAGE, KALLUUGOPAHALLI POST BIDADI HOBLI, RAMANAGARA DISTRICT - 561 201. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:52694 WP No. 16843 of 2022 (BY SRI MANU N.P, ADV., FOR SRI SANTOSH PRASAD J, ADV., FOR R-1 TO R-7) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 21.04.2022 IN M.A.NO.02/2022 PASSED BY THE COURT OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT MAGADI CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 21.04.2022 passed in M.A.No.2/2022 by the Court of Addl. Senior Civil Judge & JMFC, Magadi. 2. Heard. 3. Suit in O.S.No.23/2019 is filed by the petitioner herein before the jurisdictional Civil Court at Magadi, seeking the relief of permanent injunction. In the said suit, IA.no.1 was filed by the petitioner under Order XXXIX Rules 1 & 2 of CPC. The said application was opposed by the contesting defendants by filing objections. The Trial Court by order dated 07.01.2022 has allowed IA.no.1, and aggrieved by the same, the contesting - 4 - HC-KAR NC: 2025:KHC:52694 WP No. 16843 of 2022 defendants had filed M.A.No.2/2022 before the Appellate Court, which was allowed vide the order impugned dated 21.04.2022. Aggrieved by the same, plaintiff is before this Court. 4. Learned Counsel for the petitioner submits that even during the pendency of M.A.No.2/2022, the order passed by the Trial Court on IA.no.1 was in force. He submits that this Court while issuing notice to the respondents vide order dated 25.08.2022, has directed the parties to maintain status quo regarding possession of the suit schedule property. The suit is at the stage of recording plaintiff's evidence. This writ petition may be disposed of directing the Trial Court to expedite the trial and dispose of the suit on merits, and till the disposal of the suit, the interim order operating in this writ petition may be continued. 5. I find some force in the submission made by the learned Counsel for the petitioner. 6. The Trial Court having considered that the petitioner/plaintiff had made out a prima facie case, had granted an order of temporary injunction as prayed for in - 5 - HC-KAR NC: 2025:KHC:52694 WP No. 16843 of 2022 IA.no.1 which was filed in O.S.No.23/2019. Learned Counsel for the petitioner submits that the said order continued to operate even during the pendency of M.A.No.2/2022 which was allowed on 21.04.2022. This Court vide order dated 25.08.2022 while issuing notice to the respondents has directed the parties to maintain status quo regarding possession of the suit schedule property. The said interim order is operating for the last more than three years. Under the circumstances, I am of the opinion that if this writ petition is disposed of with a direction to the Trial Court to expedite the trial in the suit and dispose of the same on merits, and in the meanwhile, if the interim order granted by this Court is continued till the disposal of the suit, the same would serve the ends of justice. Accordingly, the following order: 7. Writ petition is disposed of, with a direction to the Trial Court to expedite the trial in O.S.No.23/2019 and dispose of the suit on merits, as expeditiously as possible. Till the disposal of the suit, the interim order granted by this Court on 25.08.2022 which is in operation as on this date, shall continue. It is needless to state that the Trial Court shall - 6 - HC-KAR NC: 2025:KHC:52694 WP No. 16843 of 2022 dispose of the suit on merits without being influenced by the observations made in the order impugned. Sd/- (S VISHWAJITH SHETTY) JUDGE KK