- 1 - HC-KAR CNR: KAHC010478302024 NC: 2026:KHC:46547 WP No. 23198 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 23198 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SOMBAMMA D/O LATE MUNITHIMMAIAH AGED ABOUT 70 YEARS 2. SMT JAYALAKSHMAMMA D/O LATE RAMAIAH AGED ABOUT 50 YEARS 3. SRI RAJAPPA S/O LATE RAMAIAH AGED ABOUT 48 YEARS 4. SMT MANJULAMMA S/O LATE RAMAIAH AGED ABOUT 46 YEARS 5. SRI PAPANNA S/O LATE RAMAIAH AGED ABOUT 44 YEARS 6. SRI MUNIRAJU S/O LATE RAMAIAH AGED ABOUT 39 YEARS ALL ARE R/AT KUDULU VILLAGE ANEKAL TALUK BANGALORE URBAN DISTRICT-560068. …PETITIONERS (BY SRI. N B N. SWAMY, ADVOCATE) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010478302024 NC: 2026:KHC:46547 WP No. 23198 of 2024 AND: SRI DURGE GOWDA S/O SRI MUNIRAME GOWDA AGED ABOUT 58 YEARS R/AT NO.31 4TH CROSS YELCHENAHALLI KANAKAPURA MAIN ROAD BANGALORE-560078. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226/ 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT OR ORDER AND SET ASIDE THE ORDER PASSED ON 08/07/2024 VIDE ANNEXURE-L IN IA NO. 1 IN OS NO. 95/2020 ON THE FILE OF THE III ADDL. CIVIL JUDGE AND JMFC, ANEKAL AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners have called in question the order dated 08.07.2024 passed by the III Addl. Civil Judge and JMFC, Anekal, on I.A.No.I filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in O.S.No.95/2020 seeking an order of temporary injunction. 2. The office has raised an objection regarding the maintainability of the writ petition stating that against the - 3 - HC-KAR CNR: KAHC010478302024 NC: 2026:KHC:46547 WP No. 23198 of 2024 impugned order, the appropriate remedy available to the petitioners is to file an appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure. 3. The objection raised by the office regarding maintainability of the writ petition is upheld. 4. Accordingly, the writ petition is dismissed with liberty to the petitioners to approach the appropriate legal forum in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 18