- 1 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.18391/2021 (GM-CPC) BETWEEN: 1. GOLD FINCH INFRASTRUCTURE PVT LTD A COMPANY REGISTERED UNDER COMPANIES ACT HAVING O/AT NO. 2/55/1 OUTER RING ROAD OPP. LUMBINI GARDEN VEERANNA PALYA, NAGAWARA BANGALORE 560045 THROUGH ITS AUTHORIZED OFFICER SRI. VIJAY KUMAR B. 2. SRI. VENKATARAMANAPPA S/O LATE VENKATARAYAPPA AGED 45 YEARS R/AT KADARANAPURA VILLAGE SULEBELE HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT 562129. 3. SRI. MUNIRJAN @ MUNIRAJAAN S/O LATE AHMED KHAN AGED 80 YEARS R/AT NO.132, 4TH CROSS SAI BABA TEMPLE ROAD SULEBELE VILLAGE AND HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT 562129. 4. SRI. KIZER MOHAMMED KHAN S/O LATE BASITH KHAN AGED 37 YEARS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 R/AT NO.132, 4TH CROSS SAI BABA TEMPLE ROAD SULEBELE VILLAGE AND HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT. 5. SMT. MISBA KHANUM W/O KHIZER MOHAMMED KHAN AGED 32 YEARS R/AT NO.132, 4TH CROSS SAI BABA TEMPLE ROAD SULEBELE VILLAGE AND HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT. 6. SMT. MUBEENA KHANUM D/O LATE BASITH KHAN AGED 45 YEARS R/AT CHINNASANDRA CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT 563123. 7. SMT. NAVEENA KHANUM S/O LATE BASITH KHAN AGED 40 YEARS R/AT NO. 17/1, 3RD MAIN 5TH CROSS, SAMADN NAGAR K G HALLI BANGALORE 560048. 8. SRI. GAFOOR KHAN S/O LATE MOHAMED KHAN AGED 78 YEARS R/AT NO.132, 4TH CROSS SAI BABA TEMPLE ROAD SULEBELE VILLAGE AND HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT 562129. - 3 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 9. SRI. RIYAZ KHAN S/O LATE MOHAMOOD KHAN AGED 76 YEARS R/AT NALLAGATTAHALLI VILLAGE BATTAHALLI, CHINTAMANI TALUK CHIKKABALLAPURA DIST 563123. 10. SRI. ASIF KHAN @ ASEEF KHAN S/O LATE MAHMOOD KHAN AGED 70 YEARS R/AT NO. 15, OLD NO.6 ASIF MANZIL, 3RD MAIN ROAD D CROSS RAYAPURAM J.J.R NAGAR, BANGALORE 560018. APPELLANT NOS.2-10 ARE HEREBY REPRESENTED BY GOLD FINCH INFRASTRUCTURE PVT LTD DULY AUTHORIZED VIDE GPA DATED 12.10.2020 THROUGH ITS AUTHORIZED OFFICER SRI. VIJAY KUMAR .B HAVING OFFICE AT NO.2/55/1 OUTER RING ROAD OPP. LUMBINI GARDEN VEERANNA PALYA, NAGAWARA BANGALORE 560045. …PETITIONERS (BY SRI. K. SHASHI KIRAN SHETTY, SR. ADV., FOR SRI. SANDEEP LAHIRI, ADV.,) AND: 1. SRI. MUNIVENKATAPPA S/O LATE KEMPANNA AGED 70 YEARS R/AT. KADARANAPURA VILLAGE SULEBELE HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT 562129. - 4 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 2. SRI. RAMANNA S/O LATE KEMPANNA AGED 60 YEARS R/AT KADARANAPURA VILLAGE SULEBELE HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT 562129. 3. SMT. SAVITHRAMMA W/O LATE KRISHNAPPA AGED 65 YEARS R/AT KADARANAPURA VILLAGE SULEBELE HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT 562129. 4. SRI. K. CHIKKAVENKATARAYAPPA S/O LATE KRISHNAPPA AGED 65 YEARS R/AT KADARANAPURA VILLAGE SULEBELE HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT 562129. …RESPONDENTS (BY SRI. AJAY R.A. ADV., FOR R1 R2 SERVED R3 & R4 SERVICE OF NOTICE WAIVED V.C.O. DTD:08.10.2021) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN M.A.NO.71/2021 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND IN O.S.NO.164/2021 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSAKOTE. SET ASIDE THE ORDER DATED 16.09.2021 PASSED IN M.A.NO.71/2021 ON THE FILE OF IV ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 ORAL ORDER This petition is filed challenging the order dated 25.08.2021 passed on IA.No.1 in OS.No.164/2021 by the Principal Civil Judge and JMFC, Hosakote (for short ‘the trial Court’) and order dated 16.09.2021 passed in MA.No.71/2021 by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (for short ‘the Appellate Court’). 2. Heard Sri.K.Shashi Kiran Shetty, learned Senior counsel appearing for Sri.Sandeep Lahiri, learned counsel for the petitioners, Sri.Ajay, learned counsel appearing for respondent No.1 and meticulously perused the material on record. 3. The respondent Nos.1 and 2 filed a suit in OS.No.164/2021 seeking a judgment and decree declaring that the plaintiffs are entitled to an easementary right to have access for right to way, described in ‘C’ schedule property, along with the relief of permanent injunction. In - 6 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 the said suit, the petitioners, who are arrayed as defendants, filed their written statement. The plaintiffs thereafter 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 25.08.2021 by restraining petitioner No.1/defendant No.12 or anybody claiming under it, from putting up a compound wall over the pathway in ‘C’ schedule property, by way of temporary injunction till the disposal of the suit. 4. It is to be noticed that the order of the trial Court granting temporary injunction was assailed by the defendants before the Appellate Court in MA.No.71/2021. The Appellate Court, vide order dated 16.09.2021, dismissed the appeal confirming the order granting temporary injunction. 5. Learned Senior Counsel appearing for the petitioners submits that this Court, vide orders dated 08.10.2021 and 18.11.2021, considering the submissions - 7 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 made and the grounds urged in the writ petition, directed petitioner No.1/defendant No.12 to construct two gates to provide access to the plaintiffs and as per the said direction, petitioner No.1/defendant No.12 put up a compound wall around the property owned by it, by constructing two gates on the northern and southern edges of the land owned by the petitioners, so that the respondents/plaintiffs have access through these gates from their house to the lands. He further submits that the said interim order has continued till date and the suit is at the stage of trial. Hence, it would be appropriate to dispose of the petition by directing the trial Court to consider the suit on merits, by continuing the arrangement pursuant to the aforesaid orders. 6. His submission is placed on record. I am of the considered view that, instead of recording the finding on the correctness of the impugned orders, it would be appropriate to direct the trial Court to dispose of the suit - 8 - HC-KAR CNR: KAHC010374722021 NC: 2026:KHC:44514 W.P. No.18391/2021 on merits, by continuing the arrangement recorded in orders dated 08.10.2021 and 18.11.2021. 7. Considering the aforesaid submissions and taking note of the fact that the present petition has been pending since 2021, the writ petition is accordingly disposed of with a direction to the trial Court to dispose of O.S.No.164/2021 on merits. The interim order/arrangement as ordered by this Court in the orders dated 08.10.2021 and 18.11.2021 shall continue till the disposal of the suit. It is made clear that this Court has not expressed any opinion on the merits of the case. The trial Court shall endeavor to dispose of the suit as expeditiously as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 14