- 1 - HC-KAR NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023 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. 919 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 930 OF 2023 (GM-CPC) IN WP No. 919/2023 BETWEEN: SRI.KALAPPA S/O LATE SANJEEVAIAH AGED ABOUT 70 YEARS, R/AT HOSAPALYA VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-571112 …PETITIONER (BY SRI. SUHAS H.S.,ADVOCATE) AND: 1. THE PDO KALARI KAVALA GRAMA PANCHAYTHI HOSAPALYA KASABA HOBLI MAGADI TALUK RAMANAGARA DISTRICT-571112 2. THE SECRETARY KALARI KAVALA GRAMA PANCHAYTHI KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-571112 …RESPONDENTS (BY SRI. N. SRIDHAR & SMT. N. ROOPA, ADVOCATES FOR R1 & R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1951 PRAYING TOORDER SETTING ASIDE THE ORDER DATED ORDER DATED 08.12.2022 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,AT MAGADI IN MA NO.6/2022 VIDE ANNEXUER-A.AN ORDER DISMISSING THE IA NO.4 FILED BY THE RESPONDENTS IN OS.NO.327/2018 DTD 19.2.2022 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, AT MAGADI IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-E1.COST OF THE PETITION. IN WP NO. 930/2023 BETWEEN: SRI. KALAPPA S/O LATE SANJEEVAIAH AGED ABOUT 72 YEARS R/AT HOSAPALYA VILLAGE KASABA HOLBI, MAGADI TALUK RAMANAGARA DISTRICT- 571 112 ...PETITIONER (BY SRI. SUHAS H.S.,ADVOCATE) AND: 1. THE PDO KALARI KAVALA GRAMA PANCHAYATHI HOSAPALYA, KASABA HOBLI MAGDI TALUK RAMANAGARA DISTRICT- 571 112 2. THE SECRETARY KALARI KAVALA GRAMA PANCHAYTHI KASABA HOBLI, MAGDI TALUK RAMANAGARA DISTRICT- 571 112 ...RESPONDENTS (BY SRI. N. SRIDHAR & SMT. N.ROOPA ,ADVOCATES FOR R1 & R2) - 3 - HC-KAR NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1951 PRAYING TOSETTING ASIDE THE ORDER DATED 08.12.2022 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,AT MAGADI IN MA NO.07/2022 VIDE ANNEXURE- A.DISMISSING THE IA NO.1 FILED BY THE RESPONDENTS IN OS.NO.327/2018 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, AT MAGADI IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-E1 DTD 19.2.2022. THESE PETITIONS, 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 Both these petitions arise out of a suit in O.S.No.327/2018 filed by the petitioner-plaintiff on the file of the Additional Civil Judge and JMFC, Magadi. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the respondents-defendants, who have also - 4 - HC-KAR NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023 filed a counter claim against the petitioner-plaintiff in the suit, who is contesting the counter claim filed by the respondents- defendants. In the said suit, the petitioner-plaintiff filed an application I.A.No.1 for temporary injunction while the respondents - defendants filed I.A.No.4 also for temporary injunction against the petitioner. 4. By the impugned orders, the trial Court rejected I.A.No.1 filed by the petitioner-plaintiff and allowed I.A.No.4 filed by the respondents-defendants. Aggrieved by the impugned orders passed on I.A.Nos.1 and 4, the petitioner-plaintiff filed two appeals, which were dismissed by the First Appellate Court. Aggrieved by the impugned orders passed by the trial Court and First Appellate Court, the petitioner-plaintiff is before this Court by way of the present petitions. 5. Though several contentions have been urged by both sides in support of their respective claims, there exist several contentious issues and disputed questions of law and fact that arise for consideration between the parties in the suit, which would necessarily have to be adjudicated upon only after a full-fledged trial. Under these circumstances, without expressing any opinion - 5 - HC-KAR NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023 on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of both the petitions directing the trial Court to dispose of the suit on merits within a period of 6 months from the date of receipt of a copy of this order without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and First Appellate Court. 6. 6. It is further directed that till disposal of the suit by the trial Court as stated supra, both parties shall maintain status quo in all respects as on today in relation to the suit schedule property till disposal of the suit. 7. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. 8. Subject to the aforesaid directions, both petitions stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 10