- 1 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 6651 OF 2024 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 6655 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 6667 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 6671 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 6688 OF 2024 IN MFA No. 6651/2024 BETWEEN: M ANAND S/O MUNIYAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO.9, MARUTHI NILAYA 1ST CROSS, 3RD MAIN, AECS LAYOUT SANJAYNAGAR, BANGALORE-560 094. …APPELLANT (BY SRI. RAJENDRA M S., ADVOCATE) AND: SMT. N. R. DIVYA W/O K KIRAN, AGED ABOUT 34 YEARS, R/AT NO.304, II FLOOR, VIBRANT ADVAITHA APARTMENT YESHWANTHPURA BANGALORE- 560 022 …RESPONDENT (BY SRI. RAVINDRANATH M., SRI. J.C.RAMESH AND SRI. E.KIRAN KUMAR, ADVOCATE OF C/R) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.23.07.2024 PASSED ON IA NO.1 IN O.S.NO.6044/2023 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH NO.3), ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 6655/2024 BETWEEN: M ANAND S/O MUNIYAPPA, AGED ABOUT 53 YEARS, RESIDING AT NO.9, MARUTHI NILAYA, 1ST CROSS, 3RD MAIN, AECS LAYOUT, SANJAYNAGAR BANGALORE- 560 094. ...APPELLANT (BY SRI. RAJENDRA M S., ADVOCATE) AND: SRI VIVEK M NAIK S/O M B NAIK, AGED ABOUT 47 YEARS, PRESENTLY R/AT T-8 PRAKRUTHI APARTMENT, VIJAYASHREE LAYOUT, MYLASANDRA KENGERI BANGALORE-560 059 ...RESPONDENT (BY SRI. RAVINDRANATH M., SRI.J.C.RAMESH AND SRI. E.KRAN KUMAR, ADVOCATE OF C/R) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.23.07.2024 PASSED ON IA NO.1 IN O.S.NO.5868/2023 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH NO.3), ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 OF CPC. - 3 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS IN MFA NO. 6667/2024 BETWEEN: M ANAND S/O MUNIYAPPA AGED ABOUT 53 YEARS, RESIDING AT NO.9, MARUTHI NILAYA 1ST CROSS, 3RD MAIN, AECS LAYOUT SANJAYNAGAR BANGALORE- 560 094. ...APPELLANT (BY SRI. RAJENDRA M S., ADVOCATE) AND: SRI N BALAJI RAO S/O LATE NAGOJI RAO AGED ABOUT 65 YEARS, R/AT NO 1440, 1ST MAIN 5TH BLOCK, HMT LAYOUT, NAGASANDRA BANGALORE- 560 073 ...RESPONDENT (BY SRI. RAVINDRANATH M., SRI.J.C.RAMESH AND SRI. E.KRAN KUMAR, ADVOCATE OF C/R) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.07.2024 PASSED ON I.A. NO. 1 IN O.S.NO. 5871/2023 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO. 3), ALLOWING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. - 4 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS IN MFA NO. 6671/2024 BETWEEN: M ANAND S/O MUNIYAPPA AGED ABOUT 53 YEARS, RESIDING AT NO.9, MARUTHI NILAYA, 1ST CROSS, 3RD MAIN, AECS LAYOUT, SANJAYNAGAR, BANGALORE-560094. ...APPELLANT (BY SRI. RAJENDRA M S.,ADVOCATE) AND: PRASANNA P KONDAGULI S/O PRABHAKAR B KONDAGULI AGED ABOUT 50 YEARS, RESIDING AT NO 28, 11TH A CROSS, SMV LAYOUT, NAGASANDRA POST SIDDENAHALLI POST BANGALORE-560 073 ...RESPONDENT (BY SRI. RAVINDRANATH M., SRI.J.C.RAMESH AND SRI. E.KRAN KUMAR, ADVOCATE OF C/R) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 23.07.2024 PASSED ON I.A. NO. 1 IN O.S.NO. 5870/2023 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO. 3), ALLOWING THE I.A. NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. - 5 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS IN MFA NO. 6688/2024 BETWEEN: M ANAND S/O MUNIYAPPA AGED ABOUT 53 YEARS, RESIDING AT NO.9, MARUTHI NILAYA, 1ST CROSS, 3RD MAIN AECS LAYOUT, SANJAYNAGAR, BANGALORE-560 094 ...APPELLANT (BY SRI. RAJENDRA M S., ADV.) AND: SHRINIVAS M KATTI S/O M S KATTI AGED ABOUT 50 YEARS, RESIDING AT FLAT NO 105 SRI.DURGANIVAS APARTMENT LAKSHMIPURA M R VIDYARANYAPURA, BANGALORE-560097. ...RESPONDENT (BY SRI. RAVINDRANATH M., SRI.J.C.RAMESH AND SRI. E.KRAN KUMAR, ADVOCATE OF C/R) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 23.07.2024 PASSED ON I.A.NO.1 IN OS.NO.5869/2023 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU SCCH.NO.3 ALLOWING THE IA.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 6 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS ORAL JUDGMENT All the appeals are filed by the appellant-defendant questioning the order passed on I.A.No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in O.S.Nos.6044/2023, 5868/2024, 5871/2023, 5870/2023 and 5869/2023 respectively dated 23.07.2024 by the Court of XV Addl. City Civil & Sessions Judge at Bengaluru. 2. In all the appeals, the suits were filed for permanent injunction by claiming that they have purchased the sites in the year 2003 from one T.K.Kemparaju through registered sale deed dated 06.12.2003 and they are in possession of the suit schedule property. It is the allegation of the plaintiffs that the defendant is falsely claiming the land, in which the plaintiffs have situated. Therefore, filed the suits and the trial Court has granted order of temporary injunction. 3. It is the case of the defendant that the defendant has purchased 2 acres of land in Survey Nos. - 7 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS 124 and 125 through registered sale deeds in the year 2003 after obtaining permission from the Government. Therefore, the defendant prays to vacate the order of temporary injunction. 4. The trial Court has assigned reasons that the plaintiffs have purchased the sites in the year 2003 through registered sale deeds from one T.K.Kemparaju. It is the case of the plaintiffs that the defendant has other land that is not concerned with the land in which the plaintiffs have purchased the sites. It is the case of the plaintiff that now the defendant has been trying to enlarge his lands apart from the extent of land purchased. When this being the fact, the identity of sites and lands are in dispute and it is triable issue before the Court. But the plaintiffs have prima facie case that they have purchased the sites in the year 2003 prior to the purchase of lands by the defendant. Therefore, the trial Court is correct in granting the order of temporary injunction as the plaintiffs have made a prima facie case and that is lies in favour of - 8 - HC-KAR NC: 2025:KHC:36580 MFA No. 6651 of 2024 C/W MFA No. 6655 of 2024 MFA No. 6667 of 2024 AND 2 OTHERS the plaintiffs. Therefore, the trial Court is correct in holding that if the temporary injunction is not granted that would cause injury/loss to the plaintiffs. Therefore, the order of temporary injunction is justified. It is submitted that now the suit is posted for defendant's evidence on 03.11.2025. Therefore, on this ground also when the suit would be at the stage of completion, there is no need to vacate the order of temporary injunction. Hence, appeals are liable to be dismissed and accordingly, they are dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 48