- 1 - HC-KAR CNR: KAHC010119112024 NC: 2026:KHC:48055 WP No. 6785 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6785 OF 2024 (GM-CPC) BETWEEN: 1. SRI G E RUDRASWAMY S/O LATE ESHWARAPPA AGED ABOUT 56 YEARS AGRICULTURIST R/AT SONDEKOLA VILLAGE KASABA HOBLI CHITRADURGA TALUK & DISTRICT …PETITIONER (BY SRI. MAHESH B J., ADVOCATE) AND: 1. SRI RAVIKUMAR S/O LATE CHANDRAPPA AGED ABOUT 65 YEARS RETD GOVERNMENT EMPLOYEE R/O VISHWESHWARAIAH EXTENSION OPP. LAND ARMY KODAIAHNAHATTI ROAD CHITRADURGA TALUK & DISTRICT. 2. SRI BASAVARAJAPPA S/O LATE CHANDRAPPA AGED ABOUT 63 YEARS AGRICULTURIST R/AT SONDEKOLA VILLAGE KASABA HOBLI CHITRADURGA TALUK & DISTRICT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010119112024 NC: 2026:KHC:48055 WP No. 6785 of 2024 3. SRI NAGARAJAPPA S/O LATE CHANDRAPPA AGED ABOUT 62 YEARS AGRICULTURIST R/AT SONDEKOLA VILLAGE KASABA HOBLI CHITRADURGA TALUK & DISTRICT. 4. SRI SHIVANNA C S/O LATE CHANDRAPPA AGED ABOUT 61 YEARS AGRICULTURIST R/AT SONDEKOLA VILLAGE KASABA HOBLI CHITRADURGA TALUK & DISTRICT. 5. SRI KUBENDRAPPA S/O LATE CHANDRAPPA AGED ABOUT 59 YEARS AGRICULTURIST R/AT SONDEKOLA VILLAGE KASABA HOBLI CHITRADURGA TALUK & DISTRICT. 6. SRI VIJAYAKUMAR C S/O LATE CHANDRAPPA AGED ABOUT 57 YEARS AGRICULTURIST R/AT SONDEKOLA VILLAGE KASABA HOBLI CHITRADURGA TALUK & DISTRICT …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED:30.08.23 PASSED BY THE 2ND ADDL SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA, IN MA NO. 30/23, VIDE ANNEXURE-A AND SET ASIDE THE ORDER DATED: 10.08.23, PASSED BY THE 3RD ADDL. CIVIL JUDGE AND JMFC, CHITRADURGA IN O.S NO. 572/22 VIDE ANNEXURE-B AND ETC. - 3 - HC-KAR CNR: KAHC010119112024 NC: 2026:KHC:48055 WP No. 6785 of 2024 THIS PETITION, COMING ON FOR DISMISSALs, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioner is before the Court aggrieved by the order passed in I.A.No.1 in O.S.No.572/2022 by the III Additional Civil Judge and JMFC, Chitradurga (hereinafter referred to as ‘Trial Court’ for short), which is affirmed in the appeal, i.e., in M.A.No.30/2023 dated 30.08.2023 by the II Additional Senior Civil Judge and JMFC, Chitradurga (hereinafter referred to as the ‘First Appellate Court’ for short). 2. The petitioner herein has filed a suit for declaration and a mandatory injunction. In that suit, he has filed an I.A. seeking an ad interim injunction. Initially, an ex parte temporary injunction was granted on 18.11.2022. Thereafter, after the defendants filed their written statement and objections, the Trial Court rejected the application, and the First Appellate Court affirmed that rejection. 3. This writ petition is from the year 2024, and it came up for preliminary hearing before this Court in 2026. Hence, this - 4 - HC-KAR CNR: KAHC010119112024 NC: 2026:KHC:48055 WP No. 6785 of 2024 Court is not inclined to go into legality or otherwise of the orders passed by the Courts. 4. The learned counsel appearing for the petitioner has drawn the Court's attention to the written statement filed. In the written statement, it is stated that if defendant No.4 has encroached any land belonging to the plaintiff, he is ready to abide by the orders passed by the Trial Court at the time of passing the final judgment and decree, and it is submitted that this fact may be taken into consideration. Considering the submission of the learned counsel, this Court deems it appropriate to pass the following: ORDER i. This Court do not interfere with the order impugned. This Court is not expressing any opinion on the merits of the matter, as this order was passed in the year 2023. ii. However, in view of the statement made in the written statement, the said aspect can always be brought to the notice of the trial Court during the course of arguments. - 5 - HC-KAR CNR: KAHC010119112024 NC: 2026:KHC:48055 WP No. 6785 of 2024 iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE HA List No.: 1 Sl No.: 15