- 1 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 7197 OF 2022 (GM-CPC) BETWEEN: 1. SRI BORAPPA S/O LATE ERAPPA DEAD BY LRS SMT NAGAMMA W/O LATE BORAIAH AGED ABOUT 87 YEARS HOUSE HOLD WORK R/AT SHETTYHALLY VILAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. 2. SMT KALAMMA D/O LATE BORAIAH AGED ABOUT 59 YEARS HOUSE-HOLD WORK R/AT CHIKAYAGATI VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. 3. SMT MALLAMMA D/O LATE BORAIAH AGED ABOUT 66 YEARS HOUSE-HOLD WORK Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 R/AT HONNEKERE VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. 4. RAMALINGAPPA S/O LATE BORAIAH AGED ABOUT 53 YEARS AGRICULTURIST R/AT SHETTYHALLY VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. 5. MALLIKARJUNA S/O LATE BORAIAH AGED ABOUT 47 YEARS AGRICULTURIST R/AT SHETTYHALLY VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. 6. ESHWARAPPA S/O LATE BORAIAH AGED ABOUT 45 YEARS AGRICULTURIST R/AT SHETTYHALLY VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. RUDRAPPA S/O LATE BORAIAH DEAD BY HIS LRS - 3 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 7. MANJAMMA W/O LATE RUDRAPPA HOUSE HOLD WORK R/AT SHETTYHALLY VILLAGE KASABA HOBLI HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. …PETITIONERS (BY SRI. KANTHARAJAPPA M G.,ADVOCATE) AND: 1. SRI MAHESHWARAPPA S/O GOWDRA RANGAPPA AGED ABOUT 67 YEARS AGRICULTURIST 2. SMT GANGAMMA W/O MAHESHWARAPPA AGED ABOUT 56 YEARS 3. JYOTHI D/O MAHESHWARAPPA AGED ABOUT 47 YEARS 4. MADHU S/O MAHESHWARAPPA AGED ABOUT 40 YEARS 5. VINAYA S/O MAHESHWARAPPA AGED ABOUT 24 YEARS 6. SHANTHI D/O ERAPPA AGED ABOUT 52 YEARS - 4 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 7. BASAVARAJU S/O GOWDRAPPA AGED ABOUT 62 YEARS 8. JAYATHI W/O BASAVARAJAPPA AGED ABOUT 60 YEARS R/AT KABBINAKERE VILLAGE SANEHALLY POST HOSADURGA TALUK CHITRADURGA DISTRICT - 577 501. …RESPONDENTS (BY SRI. SIDDAPPA B.M., ADVOCATE FOR R1 TO R4 R5, R7, R8 SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND J.M.F.C AT HOSADURGA IN M.A.NO.05/2021 DTD. 04.01.2022 PRODUCED AS ANNX-G BY CONFIRMING THE ORDER PASSED BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, AT HOSADURGA IN O.S.NO. 242/2020 ON IA NO.2 DTD. 05.04.2021 PRODUCED AS ANNX-E TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 04.01.2022 passed in M.A.No.5/2021 by Senior Civil Judge and JMFC, Hosadurga (hereinafter referred to as the 'Appellate Court' for short). 2. Heard Sri M.G. Kantharajappa, learned counsel appearing for the petitioners and Sri B.M. Siddappa, learned counsel appearing for respondent Nos.1 to 4 and 6. 3. The petitioner, late Sri Borappa, filed a suit in O.S.No.242/2020 against the respondents herein seeking the relief of permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property. Defendant No.1 filed written statement. In the said suit, the plaintiff filed an application I.A.No.2 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil - 6 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 Procedure, 1908 (for short, 'CPC'), seeking an order of temporary injunction. The Trial Court, vide order dated 05.04.2021, allowed the said application and restrained the defendants from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff during the pendency of the suit. 4. The respondents assailed the said order before the Appellate Court in M.A.No.5/2021. The Appellate Court, vide order dated 04.01.2022, allowed the appeal and reversed the finding and order passed by the trial Court. 5. It is to be noticed that the order passed by the Appellate Court, which is impugned in the present writ petition, was stayed by this Court on 18.07.2022. The said order is in force and operation. It is submitted that the matter is now posted for trial. It is further submitted at the Bar that the parties would maintain status quo with regard to possession of the suit schedule property. - 7 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 6. In view of the aforesaid submission and taking note of the interim order granted by this Court, I am of the considered view that the writ petition can be disposed of by directing the parties to maintain status quo with regard to the suit schedule property, without expressing any opinion on the merits of the case. 7. Hence, for the aforementioned reasons, I proceed to pass the following: ORDER a) The writ petition is disposed of by directing the parties to maintain status quo with regard to the possession of the suit schedule property as on this day, until disposal of the suit. b) It is made clear that this Court has not expressed any opinion on the merits of the case. - 8 - HC-KAR CNR: KAHC010150942022 NC: 2026:KHC:43150 WP No. 7197 of 2022 c) The trial Court shall endeavor to dispose of the suit as expeditiously as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 3