- 1 - HC-KAR NC: 2026:KHC:31978 WP No. 6270 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6270 OF 2026 (GM-CPC) BETWEEN: 1. SRI. SHIVAMURTHY @ SIVAMOORTHY, S/O GURUBASAVA DEVARU, AGED ABOUT 67 YEARS (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 2. SMT. R.S. LALITHA, W/O SHIVA MURTHY, AGED ABOUT 55 YEARS, BOTH ARE RESIDING AT: THEJESWARA FARM, DYTHYANAKERE KAVAL, MYSURU GADDIGE ROAD, BILIKERE HOBLI, HUNSUR TALUK, MYSURU DISTRICT – 571 103. …PETITIONERS (BY SRI. G.S. VENKAT SUBBARAO, ADVOCATE) AND: 1. SRI. H.P. PRAKASH, S/O LATE SHETTY GOWDA, ALLEGED ADOPTED FATHER, S/O PAPE GOWDA, AGED ABOUT 58 YEARS, R/AT GANGADA HOSAHALLI VILLAGE, KYATHANAHALLI PO, HAMPAPURA PO, H.D. KOTE TALUK, MYSURU DISTRICT-571125 …RESPONDENT (BY SRI. CHIDANANDA P., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31978 WP No. 6270 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE INDIAN CONSTITUTION PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.01.2026 PASSED BY THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, MYSORE SITTING AT HUNSUR IN MA NO. 5004/2024 VIDE ANNX-A CONFIRMING ORDER DATED 22.01.2024 PASSED ON IA NO. VIII FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC BY THE PRL. SENIOR CIVIL JUDGE AND JMFC AT HUNSUR IN OS NO. 122/2021 VIDE ANNX-B. AND ETC., THIS WRIT PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed aggrieved by the order dated 23.01.2026 passed in M.A.No.5004/2024 by the VIII Additional District and Sessions Judge, Mysore, Sitting at Hunsur, confirming the order dated 22.01.2024 passed in I.A.No.VIII in O.S.No.122/2021 by the Principal Senior Civil Judge and JMFC, at Hunsur. 2. The respondent herein had filed O.S.No.122/2021 on the file of the Principal Senior Civil Judge and JMFC, Hunsur, for the relief of declaration and possession of the suit schedule ‘B’ - 3 - HC-KAR NC: 2026:KHC:31978 WP No. 6270 of 2026 property. Issues were framed on 16.03.2022. On 04.09.2023, the respondent filed I.A.No.VIII under Order XXXIX Rules 1 and 2 of CPC to restrain the petitioners from planting coconut trees. By order dated 22.01.2024, the trial Court granted a temporary injunction restraining the defendants from planting coconut trees. Aggrieved thereby, the petitioners filed M.A.No.5004/2024, which was dismissed by order dated 23.01.2026. 3. While dismissing M.A.No.5004/2024, the Appellate Court observed that, on perusal of the documents produced by the plaintiff, he is the owner of the land bearing Sy.No.135/1. The said documents reveal that the plaintiff is in actual possession and enjoyment of the land bearing Sy.No.135/1 of Sulekere Kaval. The contention of the defendants itself presumes that, on the basis of survey records, they are trying to encroach on the eastern side of the suit property. But they have no right to do so. The defendant Nos.1 and 2, being the owners of the land bearing Sy.No.135/2 and 135/3, have to remain in possession of the said land. But they have no right to encroach any portion of the land bearing Sy.No.135/1. The - 4 - HC-KAR NC: 2026:KHC:31978 WP No. 6270 of 2026 dispute between the parties is to be decided by recording evidence on both sides. At this stage, it is necessary to protect the plaintiff’s possession through an order of Court. The trial court, considering all the contentions of both the parties and the documents produced by both the parties, allowed I.A.No.8 and passed the order of temporary injunction restraining the defendants from planting any coconut trees or other trees in the ‘A’ suit property. Therefore, there is no illegality in the order passed by the trial Court. Therefore, before recording the evidence, at this stage, it is necessary to protect the plaintiff’s possession over the suit property, and accordingly, the Appellate Court had confirmed the order passed by the trial Court. 4. Learned counsel appearing for the petitioners has advanced arguments on the merits of the matter and on how both the Courts went wrong. It is submitted that the suit is set down for evidence on 10.07.2026. In this case, the plaintiff had an order of injunction in his favour since 22.01.2024 whereby the Co-ordinate Bench of this Court has granted an interim order. - 5 - HC-KAR NC: 2026:KHC:31978 WP No. 6270 of 2026 5. Having heard the learned counsels on either side, perused the entire material on record. Both the Courts have concurrently recorded the findings in favour of the plaintiff and against the defendants, and the plaintiff has an order of injunction from the year 2024. Hence, it is not appropriate for this Court to express any opinion at this point of time, when the suit is set down for evidence. This Court is not inclined to interfere with the impugned order. Both the Courts have passed the order balancing the interests of the parties, and this Court is not inclined to go into the merits of the matter. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 21