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2026 DAILYLAW 21425 (KAR)

SRI. SUBRAMANYACHARI v. SRI B BALASUNDARAM REDDY

WP/17004/2021 · 2026-06-11

Vijaykumar A Patil

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:28263 WP No. 17004 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 17004 OF 2021 (GM-CPC) BETWEEN: 1. SRI. SUBRAMANYACHARI, S/O SUGNANANCHARI, AGED ABOUT 58 YEARS, 2. SMT. RATHNAMMA, W/O SUBRAMANYACHARI, AGED ABOUT 51 YEARS, 3. SMT. DIVYA, D/O SUBRAMANYACHARI, AGED ABOUT 28 YEARS, 4. SRI. D.S.ABHILASH, S/O SUBRAMANYACHARI, AGED ABOUT 26 YEARS, ALL ARE RESIDING AT DODDANALLURAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK. …PETITIONERS (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: SRI. B. BALASUNDARAM REDDY, S/O LATE AYYAVARAPPA REDDY, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28263 WP No. 17004 of 2021 AGED ABOUT 66 YEARS, R/AT 3, 7, 3RD MAIN ROAD, ASWINI LAYOUT, EJIPURA, BENGALURU - 560 047. ANOTHER ADDRSS NO.2/77/1, KOTA STREET, SATYAVEDU CHITTOOR DISTRICT, ANDHRA PRADESH. …RESPONDENT (BY SRI.MADAN N., ADVOCATE FOR SRI.P.N.NANJA REDDY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORD; SET ASIDE THE ORDER DATED 12.7.2021 PASSED ON IA NO.I ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC HOSKOTE IN O.S.NO.25/2021 VIDE ANNX-E AND CONFIRMED BY THE PRINCIPAL SR CIVIL JUDGE BENGALURU RURAL DISTRICT BENGALURU IN MA NO.57/2021 BY THE ORDER DATED 16.8.2021 AS PER ANNEXURE - G AND ETC., 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 12.07.2021 passed in OS No.25 of 2021 by the Additional - 3 - HC-KAR NC: 2026:KHC:28263 WP No. 17004 of 2021 Civil Judge and JMFC, Hoskote, and order dated 16.08.2021 passed in MA No.57 of 2021 by the Principal Senior Civil Judge, Bangalore Rural District, Bangalore (hereinafter referred to as 'Trial Court'). 2. Heard Sri Chandrakanth R. Goulay, learned counsel appearing for the petitioners and Sri Madan N., learned counsel for Sri P.N. Nanja Reddy, learned counsel appearing for the respondent and meticulously perused the material available on record. 3. The respondent herein has filed suit for permanent injunction restraining the petitioners from interfering with his peaceful possession and enjoyment of the suit schedule property. In the said suit, the plaintiff filed an application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (for short, 'CPC'), which came to be allowed. The said order was assailed by the defendant in MA No.57 of 2021. The Appellate Court, vide Order dated 16.08.2021 dismissed the appeal affirming the order of - 4 - HC-KAR NC: 2026:KHC:28263 WP No. 17004 of 2021 the Trial Court passed under Order XXXIX Rules 1 and 2 CPC. 4. It is to be noticed that this Court, vide order dated 08.10.2021 has stayed both the orders and the said interim order is still in force. The learned counsels appearing for the both sides fairly submit that, if the parties maintain status quo with regard to the possession till disposal of the suit, ends of justice would be met. Considering the said submission and taking note of the fact that the order of granting temporary injunction of the Trial Court and which was affirmed by the Appellate Court are stayed before this Court from 08.10.2021 onwards till this day, I am of the view that instead of recording the finding with regard to the correctness of the order, the ends of justice would be met if the writ petition is disposed of by directing the parties to maintain status quo with regard to the possession over suit schedule property till the disposal of the suit. - 5 - HC-KAR NC: 2026:KHC:28263 WP No. 17004 of 2021 5. With the aforesaid observations, writ petition is disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case and correctness of the orders challenged before it. Sd/- (VIJAYKUMAR A. PATIL) JUDGE MKM List No.: 1 Sl No.: 14