- 1 - HC-KAR NC: 2025:KHC:29836 WP No. 25444 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25444 OF 2024 (GM-CPC) BETWEEN: 1. SRI. RAJENDRAN, S/O JAGANATHAN, AGED ABOUT 72 YEARS, 2. SRI. SURESH BABU, S/O JAGANATHAN, AGED ABOUT 58 YEARS, BOTH ARE RESIDING AT THAVAMMAL COMPOUND, 5TH CROSS ROAD, ROBERTSONPET, KOLAR GOLD FIELDS - 563 122. …PETITIONERS (BY SRI. RAVINDRANATH K., ADVOCATE) AND: SMT. S. JULIA JACINTHA, W/O SURESH KUMAR, AGED ABOUT 60 YEARS, RESIDING AT THAVAMMAL COMPOUND, 5TH CROSS ROAD, ROBERTSONPET, KOLAR GOLD FIELDS – 563 122. …RESPONDENT (BY MISS. JAHNAVI M., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29836 WP No. 25444 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 30.08.2024 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC, KGF ON IA NO.07 IN OS NO.134/2021 VIDE 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 ORAL ORDER The petitioners-defendants are before this Court calling in question the order dated 30th August 2024 passed on I.A.No.7 in O.S. No.134/2021. 2. Heard the learned counsel for the petitioners and learned counsel for the respondent. 3. The petitioners are dependents no.1 and 2. The respondent-plaintiff institutes a suit for mandatory injunction in O.S. No.134/2021. In the said suit the defendants files an application seeking permission to lay the underground drainage pipeline in the plaint schedule 'B' property. - 3 - HC-KAR NC: 2025:KHC:29836 WP No. 25444 of 2024 4. The petitioners-defendants files detailed objections to the claim of the plaintiff in I.A.No.7. The concern Court by an order dated 30.08.2024 allows the application thereby permitting laying down underground drainage in the pipeline in the suit schedule 'B' property. The coordinate bench of this Court by an order dated 21.9.2024 grants an interim order of stay of further proceedings before the concerned court which reads as follows: "Issue notice to the respondent. Learned counsel for the petitioners is permitted to serve copies of the writ petition along with annexures on learned counsel representing the respondent before the Trial Court. Learned counsel for the petitioners submits that respondent has filed the suit seeking, inter alia, for permanent injunction restraining the defendants from causing any obstruction to the plaintiff to put up under ground drain pipe in schedule B property, which is a passage measuring about 3 feet in between the properties belonging to the plaintiff and the defendants. Learned counsel submits that the suit was filed in the year 2021, and when the matter was under trial, after completion of the cross examination of PW.1 an application was filed by the plaintiff in - 4 - HC-KAR NC: 2025:KHC:29836 WP No. 25444 of 2024 I.A.No.7 seeking permission to lay the underground drainage pipe in B schedule property, by imposing any condition. Learned counsel submits that such a prayer would amount to giving relief of the main prayer itself. Unless the Court comes to a conclusion on the basis of evidence that B schedule property is an easementary right in favour of plaintiff and it is also permissible for the plaintiff to put up such underground pipeline, relief as sought for in I.A.No.7 could not have been granted. Learned counsel submits that by allowing the application permitting the plaintiff to lay underground drainage pipe, the Court has granted the main relief itself. Consequently, there shall be an-ad interim order of stay of the impugned order dated 30.08.2024 on I.A.No.7 in O.S.No.134/2021, till the next date of hearing." 5. The learned counsel for the respondent now submits that they will pursue the suit and not the application in I.A.No.7. in the light of the said submission and the interim order granted by the coordinate bench quoted supra, the application in IA No. 7 deserves to be rejected. For the aforesaid reasons, the following: - 5 - HC-KAR NC: 2025:KHC:29836 WP No. 25444 of 2024 ORDER i) The petition is allowed. ii) The application filed by the respondent-plaintiff in I.A.No.7 stands rejected. iii) The concerned Court shall regulate its procedure to progress the suit and take it to its logical conclusion. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE HR List No.: 1 Sl No.: 41