- 1 - HC-KAR NC: 2025:KHC:36757 WP No. 2567 of 2025 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. 2567 OF 2025 (GM-CPC) BETWEEN: 1. SRI. MUDDAPPA, S/O MUNISHAMAPPA, AGED ABOUT 55 YEARS, R/AT NADAGOWDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560077 2. SRI NANJAPPA S/O MUNISHAMAPPA, AGED ABOUT 53 YEARS, R/AT NADAGOWDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560077 3. SRI ARUN KUMAR S/O MUDDAPPA, AGED ABOUT 29 YEARS, R/AT NADAGOWDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560077 4. SRI KRISHNA S/O MUDDAPPA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36757 WP No. 2567 of 2025 AGED ABOUT 36 YEARS, R/AT NADAGOWDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560077 …PETITIONERS (BY SRI. SUNIL S RAO., ADVOCATE) AND: SRI YELLAPPA S/O LATE MUNISHAMAPPA, AGED ABOUT 57 YEARS, R/AT NADAGOWDANAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU-560077 …RESPONDENT (BY SRI. V.CHANDRAPPA., ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING OF THE ORDER DATED 18/01/2025 ON PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC, BENGALURU ON IA NO. 2 IN OS NO. 612/2024 FOUND AT ANNEXURE-A TO THE WP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 3 - HC-KAR NC: 2025:KHC:36757 WP No. 2567 of 2025 ORAL ORDER Heard Sri. Sunil S Rao, learned counsel appearing for petitioners and Sri. V.Chandrappa, learned counsel appearing for the caveat/respondent. 2. The petitioners are before this Court calling in question an order dated 18.01.2025 passed on IA.No.2 in OS.No.612/2024 granting police protection on the strength of an order of injunction in favour of the respondent. Against the order of injunction, the petitioners have preferred an appeal in MA.No.21/2025. The same is pending consideration before the First Appellate Court for the last eight months. 3. The learned counsel for the petitioners submits that the issue now is with regard to usage of water for the crops that are being grown by both the parties. They are brothers and several disputes amongst themselves including certain disputes with regard to partition of the property. The learned counsel takes this Court through a document, which depicts that the water that is from the well that stands between the land of both the petitioners and the respondent should be used by both was a desire of the father from whom the property has - 4 - HC-KAR NC: 2025:KHC:36757 WP No. 2567 of 2025 now fallen to the share of the petitioners and the respondent as the case would be. 4. Be that as it may. The appeal is pending consideration before the First Appellate Court in MA.No.21/2025. Therefore, till the decision in the appeal, the usage of water shall be by both the parties with a specific undertaking from the hands of the petitioners that, if any untoward incident happens during the subsistence of the subject order of sharing of water between the petitioners and the respondent, the petitioners will be solely responsible and would not get the benefit of usage of water even from the hands of the First Appellate Court, if sought for. 5. The aforesaid observation, directing the First Appellate Court to dispose of the appeal in MA.No.21/2025 within an outer limit of eight(8) weeks from today, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE PHM/List No.: 2 Sl No.: 21