- 1 - HC-KAR NC: 2025:KHC:52906 WP No. 8452 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8452 OF 2021 (GM-CPC) BETWEEN: M/S KARNATAKA DALITHA SANGHARSHA SAMITHI (REGISTERED) REPRESENTED BY ITS SECRETARY NO.1095, 4TH MAIN, 12TH CROSS M.C. LAYOUT, VIJAYANAGAR BENGALURU - 560 040. …PETITIONER (BY SRI R.B. SADASIVAPPA, ADV.) AND: SMT. B.G. KALPANA W/O SRI A.K. SHIVARAMAIAH AGED ABOUT 50 YEARS R/AT NO.125-51 MANUTEJ TOWERS 3RD FLOOR, MAGADI MAIN ROAD, BENGALURU - 560 079. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 05.04.2021 PASSED BY 13TH ADDL.CITY CIVIL JUDGE, MAYOHALL UNIT, BENGLAURU, CCH-22 ON IA NO.1 IN OS NO.25135/2021 VIDE ANNEXURE F. 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 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52906 WP No. 8452 of 2021 ORAL ORDER 1. The defendant 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 05.04.2021 passed on I.A.No.II in O.S.No.25135 of 2021 by the Court of XIII Addl. City Civil Judge, Bengaluru. 2. Heard the learned counsel for the petitioner. Respondent who is served in the matter has remained unrepresented before this Court. 3. O.S.No.25135 of 2021 was filed by the respondent herein before the jurisdictional civil Court at Bangalore seeking the relief of permanent injunction and also to direct the defendant to remove the encroachment made in the suit schedule 'A' property. Petitioner who is the sole defendant in O.S.No.25135 of 2021 had filed written statement opposing the suit claim. I.A.No.I was filed under order XXXIX Rule 1 and 2 of CPC on behalf of the plaintiff and it appears that Trial Court had passed an ad interim order of temporary injunction on the said application on 28.02.2021. Subsequently, the prayer made in I.A.No.I was allowed by the Trial Court on 31.03.2021. - 3 - HC-KAR NC: 2025:KHC:52906 WP No. 8452 of 2021 I.A.No.II was filed under Section 151 of CPC by the plaintiff with a prayer to direct the jurisdictional police station to stop the construction work by the defendant over the suit schedule property which allegedly was being continued in spite of an order of temporary injunction granted on I.A. No.I in O.S.No.25135 of 2021. The Trial Court, vide the order impugned has allowed I.A.No.II and had directed the jurisdictional police station i.e., Circle Inspector of Police, Vijayanagara Police Station, Vijayanagara, to stop the construction work carried on by the defendant in the suit schedule property. Aggrieved by the same, the defendant is before this Court. 4. Learned counsel for the petitioner has brought to the notice of this Court that the order dated 31.03.2021 passed on I.A.No. I in O.S.No.25135 of 2021 by the Trial Court has been set aside by this Court in MFA No.2448 of 2021. The operative portion of the order passed in MFA No.2448 of 2021 reads as follows: "ORDER (i) Appeal is hereby disposed of. - 4 - HC-KAR NC: 2025:KHC:52906 WP No. 8452 of 2021 (ii) The impugned order dated 31.03.2021 passed in O.S.No. 25135/2021 by the XIII Addl. City Civil & Sessions Judge, Mayo Hall Unit, Bengaluru, is modified as hereunder: (a) Appellant / Defendant is permitted to complete the construction on the Suit Schedule 'B' property in accordance with law and sanctioned plan issued by the Competent Authority; It is made clear that in the event the appellant puts up construction in violation of the sanctioned plan or licence or in contravention of any statutory provisions, Rules or Regulations, the Competent Authorities would be entitled to take such steps against the appellant in respect of the said constructions, in accordance with law. (b) The appellant shall file an affidavit undertaking before the trial Court within a period of four weeks from the date of receipt of a copy of this order to the effect that the appellant shall not claim any equity in respect of the construction put-up by it on the Suit Schedule 'B' property and that the said construction would be subject to the final outcome of the suit." 5. Since this Court has permitted the petitioner herein to complete the construction work in the suit schedule 'B' property in accordance with law after modifying the order dated - 5 - HC-KAR NC: 2025:KHC:52906 WP No. 8452 of 2021 31.03.2021 passed on I.A.No.I in O.S.No.25135 of 2021, subject to certain conditions, I am of the opinion that the order impugned passed by the Trial Court directing the jurisdictional police to stop the construction work being put up by the petitioner / defendant in the suit schedule 'B' property cannot be sustained. 6. Accordingly, the following:- ORDER (i) Writ petition is allowed. (ii) The impugned order 05.04.2021 passed on I.A.No.II in O.S.No.25135 of 2021 by the Court of XIII Addl. City Civil Judge, Bengaluru is set aside. Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 25