- 1 - HC-KAR CNR: KAHC010285032022 NC: 2026:KHC:39085 W.P. No.12874/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.12874/2022 (GM-CPC) BETWEEN: SRI. SANTOSH KUMAR S.N. S/O LATE NAGARAJU AGED ABOUT 35 YEARS AGRICULTURIST R/O. SOLLEPURA VILLAGE KASABA HOBLI, MADDUR TALUK MANDYA DISTRICT. …PETITIONER (BY SRI. GANGADHARAIAH A.N. ADV.,) AND: SRI. S.K. GIRISHA S/O LATE KARIGOWDA AGED ABOUT 42 YEARS R/O. SOLLEPURA VILLAGE KASABA HOBLI, MADDUR TALUK MANDYA DISTRICT. …RESPONDENT (BY SRI. SHIVARAMU H.C. ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.31.1.2022 PASSED BY THE PRINCIPAL CIVIL JUDGE AND JMFC MADDUR IN O.S.NO.427/2020 ON IA NO.1 VIDE ANNEXURE-E AND THE ORDER DTD.17.6.2022 PASSED BY THE ADDL SR CIVIL JUDGE AND JMFC AT MADDUR IN MA NO.2/2022 VIDE ANNEXURE-G CONFIRMED/MODIFYING THE Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010285032022 NC: 2026:KHC:39085 W.P. No.12874/2022 ORDER OF TRIAL COURT AND DISMISS THE APPLICATION FILED BY THE RESPONDENT/PLAINTIFF UNDER ORDER XXXIX RULE 1 AND 2 OF CPC IA NO.1 BY ALLOWING THIS W.P. & 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 petition is filed seeking the following reliefs: “To quash the order dated 31.01.2022 passed by the Principal Civil Judge & JMFC, MAddur in O.S.No.427/2020 on IA.No.1 vide Annexure-E, and the order dated 17.06.2022 passed by the Additional Senior Civil Judge and JMFC at Maddur in MA.No.2/2022 vide Annexure-G confirming/modifying the order of Trial Court and dismiss the application filed by the respondent/plaintiff under Order XXXIX Rule 1 & 2 of CPC, IA.No.1 by allowing this writ petition, in the interest of justice.” 2. Sri.Gangadaraiah, learned counsel appearing for the petitioner submits that the petitioner is the defendant in the suit filed by the respondent seeking the reliefs of declaration and permanent injunction. In the said suit, the trial Court granted an order of temporary injunction in favour of the respondent/plaintiff, which has - 3 - HC-KAR CNR: KAHC010285032022 NC: 2026:KHC:39085 W.P. No.12874/2022 been affirmed by the Appellate Court in MA.No.2/2022. It is submitted that the said orders are in force, and that the suit is required to be disposed of on merits. It is further submitted that, it would be appropriate if this Court, instead of recording the finding on the correctness of the orders, issues a direction to the trial Court to dispose of the suit on merits and in accordance with law, without being influenced by the finding recorded in its order granting temporary injunction, which has been affirmed by the Appellate Court. 3. Per contra, Sri.H.C.Shivaramu, learned counsel appearing for the respondent submits that if the interim orders are not interfered with, the respondent has no objection to the issuance of a direction to the trial Court to dispose of the suit. His submission is placed on record. 4. Having heard the learned counsel for the petitioner, the learned counsel for the respondent and taking note of the aforesaid submissions, I am of the - 4 - HC-KAR CNR: KAHC010285032022 NC: 2026:KHC:39085 W.P. No.12874/2022 considered view that it would be appropriate to direct the trial Court to dispose of the suit filed by the respondent expeditiously in accordance with law and without being influenced by the findings recorded by the trial Court and the Appellate Court on an application for temporary injunction. 5. 5. Accordingly, the writ petition is disposed of directing the trial Court to dispose of the suit filed by the respondent expeditiously and in accordance with law, without being influenced by the findings recorded by the trial Court and the Appellate Court on an application for temporary injunction. The trial Court shall endeavour to dispose of the suit as early as possible, not later than 8 months from the date of receipt of the copy of this order. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 32