- 1 - HC-KAR CNR: KAHC010405052021 NC: 2026:KHC:46083 WP No. 19667 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 19667 OF 2021 (GM-CPC) BETWEEN: 1. 1(a) 1(b) SMT. RAJAMMA W/O LATE MALLAPPA DEAD BY LRS. SMT.RAJAMMA D/O LATE RAJAMMA W/O LATE MAHADEVAPPA AGE: 60 YEARS R/O KAGALAVADI VILLAGE, CHANDAKAVADI HOBLI, CHAMARAJANAGAR TALUK & DISTRICT - 571 117. SMT.GURUSIDDAMMA D/O LATE RAJAMMA W/O SHIVAKUMARASWAMY AGE: 65 YEARS, R/O MARAHALLI VILLAGE, DODDAKAVALADE HOBLI, NANJANAGUDU TALUK, MYSORE DISTRICT - 571 312. …PETITIONERS (BY SMT. B.N.MANJULA, ADVOCATE FOR SRI. NAGARAJA R C., ADVOCATE) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010405052021 NC: 2026:KHC:46083 WP No. 19667 of 2021 AND: SRI PUTTASWAMY S/O LATE SHIVAMALLAPPA AGE: 55 YEARS R/AT DASANURU VILLAGE DODDAKAVALANDE HOBLI NANJANGUDU TALUK. …RESPONDENT (BY SRI. MOUNESH, ADVOCATE FOR SRI B.K.MOHAN, ADVOCATE) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ALLOW THIS WRIT PETITION; QUASH THE IMPUGNED ORDER DATED 02.09.2021 PASSED BY SENIOR CIVIL JUDGE AND JMFC, NANJANGUD IN M.A.NO.14/2019 AT ANNEXURE-A, 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 challenging the order dated 02.09.2021 passed in M.A.No.14/2019 by the Senior Civil - 3 - HC-KAR CNR: KAHC010405052021 NC: 2026:KHC:46083 WP No. 19667 of 2021 Judge and JMFC, Nanjangud Taluk (hereinafter referred to as the 'Trial Court). 2. Heard Smt.B.N.Manjula, learned counsel appearing for Sri.Nagaraja.R.C., learned counsel for the petitioners and Sri.Mounsesh, learned counsel appearing for Sri.B.K.Mohan, learned counsel for the respondent and perused the material on record. 3. Petitioner had filed a suit in O.S.No.309/2018 seeking relief of permanent injunction against the defendants. In the said suit, the plaintiff filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908, seeking temporary injunction restraining the defendants from interfering with the peaceful possession and enjoyment of suit schedule property by the plaintiff. The said application, after due consideration, was allowed by the Trial Court vide order dated 17.08.2019 by restraining the defendants from - 4 - HC-KAR CNR: KAHC010405052021 NC: 2026:KHC:46083 WP No. 19667 of 2021 interfering with the plaintiff's peaceful possession, till disposal of the suit. 4. The defendants, assailed the said order before the Appellate Court and the Appellate Court in M.A.No.14/ 2019, vide order dated 02.09.2021 allowed the appeal by setting aside the order of the Trial Court. 5. It is to be noticed that this Court, vide order dated 01.12.2021, has directed the respondents/ defendants not to interfere with the petitioner's possession of the subject property, till next date of hearing and the said interim order is in force till this day. 6. It is submitted at the Bar that, now the matter is set down for evidence. In my considered view, instead of recording the finding with regard to the correctness of the impugned order, it would be appropriate to direct the Trial Court to dispose of the suit on merit, by ordering to continue the interim order granted by this Court till - 5 - HC-KAR CNR: KAHC010405052021 NC: 2026:KHC:46083 WP No. 19667 of 2021 disposal of the suit. Hence, I proceed to pass the following: ORDER i) Writ Petition is disposed of. ii) The defendants are directed not to interfere with the plaintiff's possession over the schedule property, till disposal of the suit. iii) This Court has not expressed any opinion on the merits of the case. Sd/- (VIJAYKUMAR A. PATIL) JUDGE DH List No.: 1 Sl No.: 18