- 1 - HC-KAR NC: 2026:KHC:7176 WP No. 26984 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26984 OF 2025 (GM-CPC) BETWEEN: 1. SMT. JAGADAMBA W/O LATE BASAVARAJAPPA AGE ABOUT 62 YEARS 2. MARIYAPPA S/O SIDDALINGAPPA AGE ABOUT 77 YEARS BOTH ARE R/AT OORUKERE VILLAGE AT POST KASABA HOBLI, TUMAKURU TALUK AND DISTRICT – 572 106 …PETITIONERS (BY SRI. SHYAME GOWDA H.V., ADVOCATE) AND: SRI. MANJUNATHA S/O UMASHANKAR AGE ABOUT 44 YEARS, R/AT OORUKERE VILLAGE AT POST, KASABA HOBLI, TUMAKURU TALUK AND DISTRICT – 572 106 …RESPONDENT (BY SRI. V. B. SIDDARAMAIAH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.05.2025 (ANNEXURE - A) IN OS.NO.346/2025 PASSED BY THE V ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU WHEREIN ONLY EMERGENT NOTICE ON IA.NO.1 AND SULT SUMMONS IS ORDERED AND ETC., Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7176 WP No. 26984 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs:- “a) To set aside the impugned order dated 03.05.2025 (Annexure – A) in O.S.No.346/2025 passed by the V Additional Civil Judge and JMFC, Tumakuru wherein only emergent notice on IA.No.1 and suit summons is ordered. b) To allow IA.No.1 filed in OS.No.346/2025 before the V Additional Civil Judge and JMFC, Tumakuru and pass an ex-parte order of Interim Injunction, restraining the Respondent, his agents, legal heirs, GPA holders, administrators or anybody claiming through or under them from interfering with Plaintiff’s peaceful possession and enjoyment over the schedule property in any manner. c) Pass such other orders/directions as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the application I.A.No.1 filed by the petitioners- - 3 - HC-KAR NC: 2026:KHC:7176 WP No. 26984 of 2025 plaintiffs before the trial Court, out of which, the present petition arises, is still pending consideration before the trial Court in the suit in O.S.No.346/2025, in which, the respondent-defendant has already entered appearance, I deem it just and appropriate to dispose of this petition by issuing certain directions to the parties as well as to the trial Court. 3. In the result, I pass the following:- ORDER (i) Petition is disposed of. (ii) The respondent who is the sole defendant before the trial Court is directed to file written statement, objections to I.A.No.1, documents etc., before the trial Court on the next date of hearing of the suit, which currently stands posted on 16.02.2026. (iii) Immediately upon the respondent-defendant filing written statement, objections, documents etc., before the trial Court as stated supra, the trial Court shall consider and pass appropriate orders on I.A.No.1 within a period of one month from 16.02.2026. (iv) It is further directed till the disposal of I.A.No.1 by the trial Court as stated supra, the parties are directed to maintain status- - 4 - HC-KAR NC: 2026:KHC:7176 WP No. 26984 of 2025 quo in all respects as on today in relation to the suit schedule property, without prejudice to their rights and contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SRL List No.: 1 Sl No.: 30