- 1 - HC-KAR NC: 2026:KHC:26476 W.P. No.966/2019 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.966/2019 (GM-CPC) BETWEEN: 1. H.B. NARAYANA S/O H.H. BASAPPA AGED ABOUT 48 YEARS OCC:AGRICULTURIST. 2. H.B. RAJASHEKAR S/O H.H. BASAPPA AGED ABOUT 52 YEARS OCC:AGRICULTURIST. 3. H.H. BASAPPA S/O LATE HUCHAPPA AGED ABOUT 75 YEARS OCC:AGRICULTURIST. ALL ARE R/AT HEBBALE VILLAGE KUSHALANAGARA HOBLI SOMWARAPETE TALUK KODAGU DIST-571235. …PETITIONERS (BY SRI. G. BALAKRISHNA SHASTRY, ADV.,) AND: 1. G.N. ASHOK S/O G.L. NARAYANA AGED ABOUT 45 YEARS SINCE DEAD BY LR'S. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26476 W.P. No.966/2019 1(a) G.L. NARAYANA S/O NINGARAJAIAH AGED ABOUT 75 YEARS. 1(b) SMT. KAMALAMMA W/O G.L. NARAYANA AGED ABOUT 65 YEARS. BOTH ARE R/AT. SHIRAHOLLALU VILLAGE KUSHALANAGAR HOBLI SOMWARPETE TALUK KODAGU DIST - 571234. [AMENDED AS PER COURT ORDER DATED 27.05.2025] …RESPONDENTS (BY SRI. P'SD R1(a) - G.L. NARAYANA - SD SRI. HARSHA S, ADV., FOR R1(b)) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 13.08.2018 IN M.A.NO.5/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AT SOMAWARAPETE BY ALLOWING I.A.NO.1 IN O.S.NO.25/2017 ON THE FILE OF THE CIVIL JUDGE & JMFC, KUSHALNAGAR PRODUCED AT ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26476 W.P. No.966/2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 13.08.2018 passed in M.A.No.5/2018 by the Senior Civil Judge, Somawarapete, (for short, ‘the First Appellate Court’). 2. Heard Sri.Balakrishna Shastri, learned counsel appearing for the petitioners and Sri.Harsha S., learned counsel for the respondent No.1(b) and perused the material available on record. 3. The respondent-plaintiff has filed a suit in O.S.No.25/2017 on the file of the Civil Judge and JMFC., Kushalanagara, (for short, ‘the trial Court’) for the relief of permanent injunction against the petitioners herein. In the said suit, an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC was filed, which came to be rejected by the trial Court vide order dated 30.11.2017. The respondent/plaintiff assailed the said order in M.A.No.05/2018 before the First Appellate Court. The First Appellate Court vide order dated 13.08.2018, considering the material placed by the original plaintiff, has come to the conclusion that the plaintiff - 4 - HC-KAR NC: 2026:KHC:26476 W.P. No.966/2019 was able to establish prima facie case and granted the temporary injunction against the petitioners herein restraining them from interfering with peaceful possession and enjoyment of suit schedule property by the respondent-plaintiff. The order of the First Appellate Court is assailed in this petition. 4. It is to be noticed that this Court vide order dated 26.08.2019 has stayed the order dated 13.08.2018 passed by the First Appellate Court. In effect, in the suit filed by the respondent-plaintiff in O.S.No.25/2017 there is no temporary injunction. 5. Learned counsel for the petitioners fairly submits that now the suit has to be disposed of on merits and in view of the pendency of these proceedings, the parties have maintained status quo. Hence, he seeks a direction to the trial Court to dispose of the suit on merits. 6. Considering the submissions and taking note of the fact that the order of the First Appellate Court is stayed by this Court vide order dated 26.08.2019, I am of the considered view that it would be appropriate to dispose of the writ petition by - 5 - HC-KAR NC: 2026:KHC:26476 W.P. No.966/2019 directing the parties to the suit to maintain status quo with regard to the possession as on this day till disposal of the suit by the trial Court. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. 8. For the aforementioned reasons, writ petition is disposed of with a direction to the trial Court to dispose of the suit in O.S.No.25/2017 on its merits and the parties are directed to maintain status quo with regard to the possession over the suit schedule property till the disposal of the suit. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 2