- 1 - HC-KAR CNR: KAHC010423022022 NC: 2026:KHC:43162 W.P. No.18531/2022 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.18531/2022 (GM-CPC) BETWEEN: 1. MALLEGOWDA AGED ABOUT 66 YEARS S/O CHOWDAPPA R/O PATHAGANAHALLI VILLAGE AND POST KOLALA HOBLI, KORATAGERE TALUK TUMKUR DISTRICT 572101. 2. GOWRISHANKAR AGED ABOUT 37 YEARS S/O MALLEGOWA R/O VEERAHANUMANTHAIAH BUILDING BHAGEERATHANAGARA BELAGUMBA ROAD, BELAGUMBA POST TUMAKURU DISTRICT 572101. …PETITIONERS (BY SRI. GURUPRASAD HEGDE, ADV., FOR SRI. S.V. PRAKASH, ADV.,) AND: R. NAGARAJU S/O LATE RAMANNA AGED ABOUT 58 YEARS R/O NEAR S.L.N. CHOULTRY VYASARA PALYA HANUMANTHAPURA TUMAKURU 572101. …RESPONDENT (BY SRI. DEVI PRASAD SHETTY, ADV.,) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423022022 NC: 2026:KHC:43162 W.P. No.18531/2022 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 28.02.2022 PASSED BY THE COURT OF LEARNED SENIOR CIVIL JUDGE AND CJM ,TUMKUR, IN MA NO.11/2021 CONFIRMING THE ORDER DATED 10.03.2021 PASSED BY IV ADDITIONAL CIVIL JUDGE AND JMFC AT TUMKUR ON IA NO.1 IN OS.NO.675/2019 PRODUCED AS PER ANNEXURE-K AND L RESPECTIVELY TO THE WRIT PETITION AND CONSEQUENTLY & 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 challenging the order dated 10.03.2021 passed on IA.No.1 in OS.No.675/2019 by the IV Additional Civil Judge and JMFC, Tumkur, (for short ‘the trial Court’) and order dated 28.02.2022 passed in MA.No.11/2021 by the Principal Senior Civil Judge and CJM, Tumakuru (for short 'the Appellate Court'). 2. Heard Sri.Guruprasad Hegde, learned counsel appearing for Sri.S.V.Prakash, learned counsel for the petitioners, Sri.Devi Prasad Shetty, learned counsel for the respondent and meticulously perused the material available on record. - 3 - HC-KAR CNR: KAHC010423022022 NC: 2026:KHC:43162 W.P. No.18531/2022 3. The respondent filed a suit in OS.No.675/2019 against the petitioners herein seeking the relief of permanent injunction. 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 'CPC'), which came to be allowed by the trial Court vide order dated 10.03.2021. Aggrieved by the said order, the petitioners/defendants preferred MA.No.11/2021 before the Appellate Court. The Appellate Court, vide order dated 28.02.2022, dismissed the appeal by confirming the order dated 10.03.2021 passed by the trial Court. 4. It is to be noticed that this Court, by order dated 16.09.2022, has directed the parties to maintain status quo in respect of the suit schedule property and the said order has continued to remain in force. 5. The learned counsel appearing for both sides submit that, in view of the operation of the interim order in the present petition, the parties have maintained status quo and thereafter, a Court Commissioner was appointed. - 4 - HC-KAR CNR: KAHC010423022022 NC: 2026:KHC:43162 W.P. No.18531/2022 They further submit that the said status quo may be continued till the disposal of the suit as the matter is now set down for trial. 6. Placing the aforesaid submissions on record and having considered the rival contentions, I am of the view that the suit for injunction is required to be decided on its merits. Hence, it would be appropriate to direct the parties to maintain status quo in respect of the suit schedule property till the disposal of the suit. With the aforesaid observations, the writ petition is disposed of, without recording any finding on the correctness of the impugned orders. The Trial Court shall endeavour to dispose of the suit as expeditiously as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 29