- 1 - HC-KAR NC: 2026:KHC:24329 MFA No. 1476 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 1476 OF 2026 (CPC) BETWEEN: 1. MR. MANJUNATH NARAYANSA KABADI, AGED 46 YEARS, SON OF NARAYANSA KABADI, RESIDING AT NO. 417/31, 412 TO 417, RAJIV GANDHI NAGAR, GADAG - BETAGERI, GADAG-582 101. 2. MR. LOBOSA NARAYANSA KABADI, AGED 42 YEARS, SON OF NARAYANSA KABADI, RESIDING AT NO. 417/31, 412 TO 417, RAJIV GANDHI NAGAR, GADAG - BETAGERI, GADAG-582 101. 3. MR. NAGARAJ NARAYANSA KABADI, AGED 38 YEARS, SON OF NARAYANSA KABADI, RESIDING AT NO. 417/31, 412 TO 417, RAJIV GANDHI NAGAR, GADAG - BETAGERI, GADAG-582 101. …APPELLANTS (BY SRI. PAWAN SHYAM., ADVOCATE FOR; SRI. OJASWI., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24329 MFA No. 1476 of 2026 AND: 1. VHBCS LAYOUT RESIDENTS WELFARE ASSOCIATION, REPRESENTED BY ITS SECRETARY, MR. SARTHAK RAM ADAVI, HAVING ITS REGISTERED OFFICE AT NO. 100, 6TH MAIN, 11TH CROSS, MALLESHWARAM, BANGALORE - 560 003. 2. REJI ANTHONY, AGED 48 YEARS, S/O. SRI. V. J. ANTONY, RESIDING AT NO. 808, 4TH MAIN, VYALIKAVAL HBCS LAYOUT, NAGAVARA, BENGALURU - 560 045. 3. SOBAN BABU T., AGED MAJOR, S/O. RAMARAO, RESIDING AT NO.804, 4TH MAIN, VYALIKAVAL HBCS LAYOUT, NAGAVARA, BENGALURU - 560 045. …RESPONDENTS (BY SRI. SHIVARAM R BHAT, ADVOCATE FOR C/R3) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 26.11.2025 PASSED ON I.A.NOS.II, III , IV IN OS.NO.6828/2025 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH NO.3) REJECTING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. ALLOWING THE I.A.NO.111 FILED UNDER ORDER XXXIX RULE 4 OF CPC AND ALLOWING THE I.A.NO.IV FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC. - 3 - HC-KAR NC: 2026:KHC:24329 MFA No. 1476 of 2026 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT This Miscellaneous First Appeal is preferred by the plaintiffs assailing the order dated 26.11.2025 passed on I.A.Nos.2, 3 and 4 in O.S.No.6828/2025 on the file of the XV Additional City Civil and Sessions Judge, Bengaluru (CCH.No.3) ('the trial Court' for short), whereby, the trial Court rejected the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC and allowed I.A.No.3 filed by the defendants under Order XXXIX Rule 4 of CPC and vacated the ex-parte temporary injunction and by allowing I.A.No.4 filed by the defendant under Order XXXIX Rules 1 and 2 of CPC, directed the plaintiffs to demolish the compound wall alleged to have been constructed on public road without authorization. 2. Heard learned counsel for the appellants and learned counsel appearing for caveator/respondent No.3. - 4 - HC-KAR NC: 2026:KHC:24329 MFA No. 1476 of 2026 3. Learned counsel for the appellants contends that on the very day of passing of the impugned order, respondent No.2, in a high handed manner, demolished the compound wall. The said act was carried out even before the plaintiff would comply with or challenge the order. It is submitted that the appellants have already approached the Trial Court bringing this fact to its notice and the Trial Court, upon considering, has directed both parties to maintain status quo. 4. Per contra, learned counsel appearing for caveator/respondent No.3 disputes the allegations regarding the demolition and submits that the same is a matter to be adjudicated before the Trial Court. 5. Be that as it may, it is not in dispute that the appellants have already approached the trial Court by filing an appropriate application with regard to the alleged demolition and the Trial Court passed an order directing the parties to maintain status-quo. In view of the - 5 - HC-KAR NC: 2026:KHC:24329 MFA No. 1476 of 2026 subsequent developments, this Court is of the considered opinion that no further order is required to be passed in the present appeal at this stage. Accordingly, this court pass the following: ORDER The Miscellaneous First Appeal is disposed of reserving liberty to the appellant to seek necessary and appropriate relief before the Trial Court in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 5