- 1 - HC-KAR NC: 2026:KHC:24063 WP No. 34974 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 34974 OF 2024 (GM-CPC) BETWEEN: A. SIDDAIAH, S/O LATE KEMPARAMAIAH, AGED ABOUT 61 YEARS, NO.102/2, INDIRANAGAR, NELAMANGALA TOWN, BENGALURU - 562 123. …PETITIONER (BY SRI. JAYANTH V., ADVOCATE) AND: KUMARAIAH, S/O LATE GANGEGOWDA, AGED ABOUT 64 YEARS, MF-5/7, BDA QUARTERS, NEAR STATE TRADING CENTRE, NANDINI LAYOUT, BENGALURU - 560 096. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 22.11.2024 PASSED BY THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU IN MA 17/2024 WHEREUNDER THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, BENGALURU HAS ALLOWED THE APPEAL Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24063 WP No. 34974 of 2024 AND SET ASIDE THE ORDER DATED 27.01.2024 ON IA NO. 8 PASSED IN OS 322/2020 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA I.E., ANNEXURE A 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. In this writ petition, the petitioner has called in question the order dated 22.11.2024 passed by the Principal District and Sessions Judge, Bengaluru Rural District, Bengaluru (for short ‘First Appellate Court’), in M.A.No.17/2024, whereby the injunction order passed by the Trial Court dated 27.01.2024 in O.S.No.322/2020 has been set aside. 2. Learned counsel appearing for the petitioner has submitted that during pendency of the appeal as well as this writ petition, the respondent-plaintiff has already put up the construction. Therefore, the prayer sought in - 3 - HC-KAR NC: 2026:KHC:24063 WP No. 34974 of 2024 this writ petition does not survive for consideration. However, he submits that the finding recorded by the First Appellate Court in M.A.No.17/2024 shall not come in his way to file a separate suit. 3. In view of the above, writ petition is dismissed as having become infructuous. It is made clear that the Trial Court shall dispose of the suit in accordance with law, without being influenced by any observations made in M.A.No.17/2024 Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 1