Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12947 WP No. 3177 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3177 OF 2026 (GM-CPC) BETWEEN:
SRI. R R RAMESH S/O. T.R. RANGAIAH AGED ABOUT 49 YEARS R/O. RANGAIAHNAPALYA KAMBATHANAHALLI POST GULUR HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT 572118. …PETITIONER (BY SRI. RAMESH K R., ADVOCATE) AND:
SRI. MANJUNATH S/O. LATE KEMPANNA AGED ABOUT 60 YEARS R/O. RANGAIAHNAPALYA KAMBATHANAHALLI POST GULUR HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT 572118. …RESPONDENT (BY SRI. R S UMESH, ADVOCATE C/RESPONDENT)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, IF NECESSARY AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, QUASHING THE JUDGMENT DATED 06.12.2025 PASSED BY THE LEARNED II. ADDITIONAL SENIOR CIVIL JUDGE, TUMAKURU IN M.A.NO.34/2025, AT ANNEXURE-A AND THEREBY CONFIRM THE
ORDER DATED: 25.03.2025 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC TUMAKURU ON IA.NO.1 IN OS.NO.621/2023 AT ANNEXURE-L AND DISMISSING THE MA
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:12947 WP No. 3177 of 2026
NO.34/2025 FILED BY THE RESPONDENT AT ANNEXURE-M AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. This writ petition under Article 227 of the Constitution of India filed by the petitioner-plaintiff challenging the order dated 06.12.2025 passed by the II Additional Senior Civil Judge, Tumakuru (hereinafter referred to as ‘First Appellate Court’ for short) in M.A.No.34/2025 vide Annexure-A, whereby the order dated 25.03.2025 passed by the III Additional Civil Judge and JMFC, Tumakuru (hereinafter referred to as ‘Trial Court’ for short) on I.A.No.1 filed by the plaintiff under
Order XXXIX Rules 1 and 2 of CPC in O.S.No.621/2023 vide Annexure-L has been set aside by dismissing the said IA.
2. For the sake of convenience, the parties are referred to in accordance with their ranking before the Trial Court.
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HC-KAR NC: 2026:KHC:12947 WP No. 3177 of 2026
3. The plaintiff filed a suit for bare injunction. Along with the plaint, the plaintiff filed an I.A.No.1 for temporary injunction under Order XXXIX Rules 1 and 2 of the CPC. The Trial Court, by the impugned order dated 25.03.2025, allowed the said application. Being aggrieved by the same, the respondent-defendant filed an appeal before the First Appellate Court in M.A.No.34/2025. The First Appellate Court, by the impugned order dated 06.12.2025, allowed the appeal, set aside the order dated 25.03.2025 passed by the Trial Court, and dismissed the said I.A. filed under
Order XXXIX Rules 1 and 2 of the CPC. Being aggrieved by the same, the plaintiff is before this Court.
4. The suit is filed for bare injunction and is now set down for evidence of the parties.
5. Under these circumstances and in the interest of justice, the parties are directed to maintain status-quo as on the date of filing of the suit, till disposal of the suit.
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HC-KAR NC: 2026:KHC:12947 WP No. 3177 of 2026
6. The Trial Court is directed to dispose of the suit as expeditiously as possible, not later than six months from the date of receipt of a certified copy of this order.
7. Both parties are directed to cooperate for early disposal of the suit.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 6