- 1 - HC-KAR NC: 2026:KHC:34104 W.P. No.21414/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.21414/2022 (GM-CPC) BETWEEN: SRI. SRINIVASA S.M. S/O MUDDAPPA AGED ABOUT 49 YEARS R/O SODENAHALLI VILLAGE SAJJEHOSAHALLI POST DODDERI HOBLI MADHUGIRI TALUK & TUMKUR 572112. …PETITIONER (BY SRI. SHREYAS J. REDDY, ADV., FOR SRI. JAI PRAKASH REDDY M, ADV.,) AND: THE PANCHAYATH DEVELOPMENT OFFICER CHANDRAGIRI GRAMA PANCHAYATH CHANDRAGIRI VILLAGE DODDERI HOBLI MADHUGIRI TALUK & TUMKUR 572112. …RESPONDENT (BY SRI. MANOJ M. NAIK, ADV., FOR SRI. A. NAGARAJAPPA, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 08.07.2022 ON I.A.NO.1 IN O.S.NO.08/2022 PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34104 W.P. No.21414/2022 MADHUGIRI VIDE ANNEXURE-J AND THE ORDER DTD 17.10.2022 IN M.A.NO.25/2022 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE VIDE ANNEXURE-L AND JMFC AT MADHUGIRI AND GRANT THE RELIEF AS PRAYED FOR IN I.A.NO.1 ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC AT MADHUGIRI VIDE ANNEXURE-H & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking for the following reliefs: “Issue a Writ in the nature of certiorari or any other appropriate Writ, order or direction quashing the order dated 08.07.2022 on IA No.1 in O.S.No.08/2022 passed by the Learned Principal Civil Judge & JMFC at Madhugiri vide Annexure-J and the order dated 17.10.2022 in MA No.25/2022 passed by the Learned Principal Senior Civil Judge vide Annexure-L and JMFC at Madhugiri and grant the relief as prayed for in IA No.1 on the file of the Learned Principal Civil Judge and JMFC at Madhugiri vide Annexure-H.” - 3 - HC-KAR NC: 2026:KHC:34104 W.P. No.21414/2022 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The petitioner-plaintiff filed O.S.No.8/2022 before the Court of the Civil Judge and JMFC, Madikeri, seeking the relief of permanent injunction against the defendant-Grama Panchayath. The defendant has filed a detailed written statement contending that the plaintiff has encroached the Grama Panchayath property to an extent of 5 feet towards the Southern side and has put up a compound wall. In the said suit, the plaintiff filed an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908, (for short ‘the CPC’), which came to be rejected by the Trial Court vide order dated 08.07.2022. The plaintiff assailed the said order before the Appellate Court in M.A.No.25/2022. Even the Appellate Court dismissed the appeal. 4. It is required to be noticed that the petitioner- plaintiff is contending that the uncle of the petitioner has - 4 - HC-KAR NC: 2026:KHC:34104 W.P. No.21414/2022 purchased the suit schedule property vide a registered sale deed dated 03.06.1975 and under the oral partition, the suit schedule property has fallen to the share of the plaintiff and he has put up the construction of a residential house as well as the compound wall in the said property in the year 2004 and only in the year 2017, the defendant claimed to have formed a concrete road and that the plaintiff has encroached the suit schedule property. It is averred that the Panchayath had issued a notice to conduct the survey. However, they could not conduct the survey on the given date and the final notice was issued on 18.12.2021 directing the plaintiff to produce the original documents pertaining to the suit schedule property. Despite that, they have made an attempt to demolish the property. Hence, the suit is filed with an application for temporary injunction. It is required to be noticed that the Trial Court rejected the said application recording the reasons that the plaintiff has failed to establish a prima facie case and the balance of - 5 - HC-KAR NC: 2026:KHC:34104 W.P. No.21414/2022 convenience. The said order has been affirmed by the Appellate Court. The plaintiff is contending that his uncle has acquired the right under the registered sale deed dated 03.06.1975, under the oral partition, he was allotted this property and is in lawful possession of the same. It is required to be noticed that the defendant is contending that the plaintiff has encroached the Grama Panchayath property which is a public road and has put up the compound wall. 5. In my considered view, the said issue of encroachment is required to be gone into by the Trial Court by permitting the parties to adduce the evidence. The plaintiff’s suit is for permanent injunction and in the said suit, the temporary injunction is not granted, the defendant is likely to interfere with the alleged encroachment portion and demolish the compound wall. This Court, considering the aforesaid aspect, vide order dated 31.10.2022 has directed the parties to maintain status quo and the said order of status quo is continued till - 6 - HC-KAR NC: 2026:KHC:34104 W.P. No.21414/2022 this day. I am of the considered view that without expressing any opinion on the merits of the case, it would be appropriate to direct the Trial Court to dispose of the suit as expeditiously as possible by directing the parties to maintain the status quo with regard to the possession over the suit schedule property. Hence, I proceed to pass the following: ORDER (i) The writ petition is allowed. (ii) The impugned orders dated 08.07.2022 passed on I.A.No.1 in O.S.No.08/2022 by the Principal Civil Judge and JMFC, Madhugiri and 17.10.2022 passed in M.A.No.25/2022 by the Principal Senior Civil Judge and JMFC, Madhugiri, are set aside. (iii) The plaintiff and the defendant are directed to maintain status quo with regard to the possession over the suit schedule property till the disposal of the suit. - 7 - HC-KAR NC: 2026:KHC:34104 W.P. No.21414/2022 (iv) The Trial Court shall endure to dispose of the suit as early as possible without any delay. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 41