- 1 - HC-KAR NC: 2026:KHC:26475 W.P. No.13040/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.13040/2021 (GM-CPC) BETWEEN: SRI. MAHADEVU S/O LATE SIDDEGOWDA @ PIDDEGOWDA AGED ABOUT 48 YEARS OCC : AGRICULTURALIST R/OF. KAPARE KOPPALU VILLAGE HAMLET OF BHUJAVALLI C.A. KERE HOBLI, MADDURU TALUK MANDYA DISTRICT 571422. …PETITIONER (BY SRI. BASAVAIAH C, ADV.,) AND: 1. SRI.MADAIAH S/O LATE CHIKKYADEGOWDA @ SIDDEGOWDA AGED ABOUT 78 YEARS OCC AGRICULTURALIST R/OF KAPARE KOPPALU VILALGE HAMLET OF BHUJAVALLI C.A. KERE HOBLI, MADDURU TALUK MANDYA DISTRICT 571422. 1(a) MAHADEVAMMA W/O LATE MADAIAH AGED ABOUT 50 YEARS. 1(b) SUSHEELAMMA W/O KUMARA D/O LATE MADAIAH Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26475 W.P. No.13040/2021 AGED ABOUT 32 YEARS R/O. BHEEMANAHALLI VILLAGE KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. 1(c) CHIKKARAJU S/O LATE MADAIAH AGED ABOUT 30 YEARS. 1(d) MAHESHA S/O LATE MADAIAH AGED ABOUT 28 YEARS. 1(e) PAPA S/O LATE MADAIAH AGED ABOUT 25 YEARS. R1(a), (c) TO (e) ARE R/O. KAPAREKOPPALU VILLAGE C.A. KERE HOBLI, MADDURU TALUK MANDYA DISTRICT-571422. …RESPONDENTS (BY SRI. S. SUNIL RAO, ADV., FOR SRI. T. SHESHAGIRI RAO FOR C/R AND ALSO FOR PRO'SD R1 (a-e)) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A DIRECTION OF 17(a) WRIT OF CERTIORARI OR IN THE NATURE OF WRIT OF CERTIORARI TO QUASH OR SET ASIDE THE ORDER ON IA NO.08 (07) IN O.S.NO.306/2018 DATED 31.01.2019 OF THE TRIAL COURT IN M.A.NO.02/2019 DATED 13.11.2020 PASSED BY THE SENIOR CIVIL JUDGE COURT, MADDURU, FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 F CPC AS ANNEXURE-F AND CONSEQUENTLY ALLOW THE WRIT PETITION IN FAVOUR OF THE PETITIONER BY RESTORING THE ORDER OF TRIAL COURT DATED 31.01.2019 IN O.S.NO.306/2018 AS PER ANNEXURE-D TO MEETS THE ENDS OF JUSTICE & ETC. - 3 - HC-KAR NC: 2026:KHC:26475 W.P. No.13040/2021 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 13.11.2020 passed in M.A.No.2/2019 by the Senior Civil Judge, Maddur (for short, ‘the First Appellate Court’). 2. Heard Sri.Basavaiah C., learned counsel for the petitioner and Sri.S.Sunil Rao., learned counsel for Sri.T.Sheshagiri Rao, learned counsel for the respondent and perused the material available on record. 3. The respondent herein has filed a suit in O.S.306/2018 on the file of the III Additional Civil Judge and JMFC, Maddur (for short, ‘the trial Court’) for declaration and other reliefs, in the said suit, an application – I.A.No.7 under Order XXXIX Rule 1 and 2 read with Section 151 of CPC was filed. The trial Court, after considering the rival submissions and material on record, rejected I.A.No.7 filed by the respondent vide - 4 - HC-KAR NC: 2026:KHC:26475 W.P. No.13040/2021 order dated 31.01.2019. The respondent assailed the said order of the trial Court before the First Appellate Court in M.A.No.02/2019. The First Appellate Court reversed the finding and order of the trial Court by allowing the appeal vide order dated 13.11.2020, wherein, the First Appellate Court has allowed the application of the respondent- plaintiff filed under Order XXXIX Rule 1 and 2 of CPC by restraining the petitioner from interfering with the peaceful possession and enjoyment of the suit schedule property by the respondent-plaintiff. 4. The learned counsel appearing for the writ petitioner as well as the respondent fairly submits that this Court vide order dated 05.08.2021 has directed the parties to maintain status quo with regard to the suit schedule property and the said interim order is in force and if the said interim order is continued till disposal of the suit, the ends of justice would be met. - 5 - HC-KAR NC: 2026:KHC:26475 W.P. No.13040/2021 5. Learned counsel appearing for the petitioner as well as the learned counsel for the respondent submits that if suit filed by the petitioner herein in O.S.No.278/2018 for injunction pending on the file of IV Additional Civil Judge and JMFC, Maddur and the suit filed by the respondent herein in O.S.306/2018 for relief of declaration and other prayer pending on the file of III Additional Civil Judge and JMFC, Maddur are tried in one Court, it would be convenient for the parties as well as it would avoid divergent opinion in the matters. Learned counsel for the parties have also filed a joint memo for clubbing of the both the suits and to try them in one Court. 6. Considering the aforesaid submissions and taking note of the detailed interim order passed by this Court vide order dated 05.08.2021, I am of the considered view that this writ petition can be disposed of by following: ORDER i. The writ petition is disposed of. - 6 - HC-KAR NC: 2026:KHC:26475 W.P. No.13040/2021 ii. The interim order granted by this Court dated 05.08.2021, wherein the parties were directed to maintain status quo with regard to the suit schedule property is continued till the disposal of the suit in O.S.No.306/2018. iii. The suit in O.S.No.278/2018 pending on the file of IV Additional Civil Judge and JMFC, Maddur is withdrawn from the file of the said Court and transferred to the Court of III Additional Civil Judge and JMFC, Maddur, for disposal along with the suit in O.S.No.306/2018. It is made clear that the suits are not clubbed. They can be disposed of independently by the same Court. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 6