- 1 - HC-KAR CNR: KAHC010019432023 NC: 2026:KHC:44350 W.P. No.540/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.540/2023 (GM-CPC) BETWEEN: SRI. C.S. PREMKUMAR S/O LATE C.M. SIDDHEGOWDA AGED ABOUT 50 YEARS R/AT NO.62, GROUND FLOOR 2ND CROSS ROAD, MARUTHI LAYOUT VIJAYANAGAR, BENGALURU-560040. …PETITIONER (BY SRI. DHIRAJ A.K. ADV.,) AND: SMT. GANGAMMA .J W/O LATE H.C. KRISHNEGOWDA AGE 53 YEARS R/AT NO.34, 2ND B CROSS ROAD NILAKANTESHWARA ROAD MUDDAIHNAPALYA GEEDADAKONENAHALLI BENGALURU-560091. …RESPONDENT (BY SRI. D.G. CHINNAPPA GOWDA, ADV.,) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 29.10.2022 PASSED IN O.S.NO.26716/2019 BY THE LEARNED LXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE, C/C Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010019432023 NC: 2026:KHC:44350 W.P. No.540/2023 LVII ADDL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT, CITY CIVIL COURT , BENGALURU (CCH-58) PERMITTING THE RESPONDENT TO PUT UP CONSTRUCTION IN THE WRITTEN STATEMENT SCHEDULE PROPERTY PRODUCED AT ANNEXURE- Q & 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 writ petition is filed seeking for the following reliefs: i) To set aside the order dated 29.10.2022 passed in O.S.No.26716/2019 by the learned LXXIV Addl. City Civil and Sessions Judge, C/C LVII Addl. City Civil & Sessions Judge, Mayohall Unit, City Civil Court, Bengaluru (CCH-58) permitting the respondent to put up construction in the written statement schedule property produced at Annexure-Q. ii) To set aside the order dated 14.12.2022 passed on I.A.No.2/2022 in O.S.No.26716/2019 by the learned LXXIV Addl. City Civil & Sessions - 3 - HC-KAR CNR: KAHC010019432023 NC: 2026:KHC:44350 W.P. No.540/2023 Judge, C/C LVII Addl. City Civil & Sessions Judge, Mayohall Unit, City Civil Court, Bengaluru (CCH- 58) produced at Annexure-T. 2. Heard Sri.Dhiraj A.K., learned counsel appearing for the petitioner and Sri.D.G.Chinnappa Gowda, learned counsel appearing for the respondent. 3. The petitioner-plaintiff had filed O.S.No.26716/2019 seeking the relief of permanent prohibitory injunction against the respondent-defendant. In the said suit, the Trial Court granted temporary injunction which has attained finality. Thereafter, the defendant was permitted to put up the construction in the written statement schedule property vide order dated 29.10.2022. It is to be noticed that the defendant later filed an application under Section 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking police help to implement the order permitting the defendant to put up the construction in the written statement schedule property. - 4 - HC-KAR CNR: KAHC010019432023 NC: 2026:KHC:44350 W.P. No.540/2023 4. The learned counsel for the petitioner submits that the difference between the plaint schedule property and the schedule property referred in the written statement is just 10 x 36.5 feet. 5. The learned counsel for the respondent submits that pursuant to the permission granted by the Trial Court, the defendant has completed the construction long back and hence, this petition renders infructuous. 6. It is to be noticed that now the plaintiff has sought the relief of declaration and mandatory injunction in addition to the relief of permanent injunction against the defendant. It is needless to observe that if the plaintiff succeeds in the said suit and establishes that the construction is within the suit schedule property, then the defendant cannot claim any equity. 7. With the aforesaid observation, I proceed to pass the following: - 5 - HC-KAR CNR: KAHC010019432023 NC: 2026:KHC:44350 W.P. No.540/2023 ORDER (i) The writ petition is disposed of. (ii) The Trial Court shall endeavour to dispose of the suit as early as possible. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 38