- 1 - HC-KAR CNR: KAHC010423492022 NC: 2026:KHC:45513 W.P. No.18475/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.18475/2022 (GM-CPC) BETWEEN: SHRI. SIDDAPPA S/O LATE MAHADEVAPPA AGED ABOUT 55 YEARS R/O RAGIBOMMANAHALLI VILLAGE KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. …PETITIONER (BY SRI. ANANTHA PADMANABHA G.N. ADV.,) AND: 1. SHRI. MAHADEVASWAMY S/O LATE MARINANJAPPA AGED ABOUT 53 YEARS KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. 2. SHRI. MRUTHUNJAYA S/O SHRI MAHADEVASWAMY AGED ABOUT 22 YEARS KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. 3. SMT. PAVITHRA W/O SHRI. MAHADEVASWAMY AGED ABOUT 45 YEARS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423492022 NC: 2026:KHC:45513 W.P. No.18475/2022 KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT-571430. …RESPONDENTS (BY SRI. V. RAVIPRAKASH, ADV., FOR C/R1 TO R3) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN OS.NO.142/2019 PENDING ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, MALAVALLI. SET ASIDE THE IMPUGNED ORDER DATED 22.08.2022 IN MA 9/2019 NAMELY ANNEXURE-C PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, MALAVALLI BY ALLOWING THE IA NO.1 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 AND PASS AN ORDER OF TEMPORARY INJUNCTION TILL THE DISPOSAL OF THE OS.NO.142/2019 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC, MALAVALLI IN THE INTEREST OF JUSTICE & 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: “a. Call for the entire records in O.S.No.142/2019 pending on the file of I Additional Civil Judge and JMFC, Malavalli. b. Set aside the impugned order dated 22-08-2022 in MA.No.9/2019 namely ANNEXURE-C passed by the Senior Civil Judge and JMFC, Malavalli, by allowing the I.A.No.1 filed by the Petitioner under Order 39 Rule 1 - 3 - HC-KAR CNR: KAHC010423492022 NC: 2026:KHC:45513 W.P. No.18475/2022 and 2 and pass an order of temporary injunction till the disposal of the O.S.No.142/2019 on the file of the I Additional Civil Judge and JMFC, Malavalli in the interest of Justice. c. Costs and pass such other reliefs as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity.” 2. Heard Sri.Anantha Padmanabha G.N., learned counsel appearing for the petitioner, Sri.V.Raviprakash, learned counsel for respondent Nos.1 to 3 and meticulously perused the material available on record. 3. The petitioner filed a suit in OS.No.142/2019 seeking the relief of mandatory injunction and permanent injunction against the respondents. In the said suit, the petitioner filed an application in IA.No.1 under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘CPC’), seeking for an order of temporary injunction restraining the defendants, their agents, servants or anybody on their behalf from putting up construction of toilet and compound and further - 4 - HC-KAR CNR: KAHC010423492022 NC: 2026:KHC:45513 W.P. No.18475/2022 construction in the suit ‘C’ schedule property interfering with peaceful possession and enjoyment of plaintiff of the suit ‘C’ schedule property in any manner pending disposal of suit. The trial Court, after considering the rival contentions and taking note of the material placed on record, allowed IA.No.1 filed by the plaintiff. Aggrieved by the order dated 11.07.2019 passed in OS.No.142/2019, the defendants preferred MA.No.9/2019 before the Appellate Court. The Appellate Court vide order dated 22.08.2022 allowed the appeal by setting aside the order dated 11.07.2019 passed by the trial Court. 4. It is to be noticed that this Court vide order dated 26.09.2022, directed the parties to maintain status quo, and the said interim order continues to remain in force. 5. Learned counsel for the respondents submits that the plaintiff has clearly stated in the plaint that, when he went to Bengaluru, the construction had been - 5 - HC-KAR CNR: KAHC010423492022 NC: 2026:KHC:45513 W.P. No.18475/2022 completed during the interregnum period and, therefore, the question of maintaining status quo would not arise. 6. Be that as it may, the suit is one for mandatory injunction and permanent injunction, and the reliefs sought by the plaintiff are required to be adjudicated by establishing certain factual aspects of the matter. Hence, it would be appropriate to dispose of the writ petition by directing the parties to maintain status quo as on this day in respect of the suit ‘C’ schedule property till the disposal of suit. Accordingly, the writ petition is disposed of. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 23