Extracted from the PDF above. The PDF is authoritative.
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HC-KAR CNR: KAHC010652792023 NC: 2026:KHC:47870 WP No. 28600 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 28600 OF 2023 (GM-CPC) BETWEEN:
M. K. DAKSHAYINI, AGED ABOUT 53 YEARS, D/O. LATE KRISHNAPPA, W/O. BASAVARAJU, SULTHAN ROAD, MALAVALLI TOWN, MANDYA DISTRICT - 577 201. …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: BANUMATHI, AGED ABOUT 44 YEARS, W/O. SURESH, NELLURU VILLAGE, APPUGOWDANAHALLI, DHAKLE KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 577 201. …RESPONDENT (BY SRI ABHINAV V., ADVOCATE FOR SRI. KASHYAP N NAIK., ADVOCATE) Digitally signed by ANNAPURNA G Location: High Court of Karnataka
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HC-KAR CNR: KAHC010652792023 NC: 2026:KHC:47870 WP No. 28600 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED ORDER DT. 14/07/2020 PASSED BY THE LEARNED I ADDL. CIVIL JUDGE AND JMFC, MALAVALLI IN OS 337/2018 (ANNEXURE-E) AND 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 14.07.2020 passed in O.S.No.337/2018 by the I Additional Civil Judge and JMFC, Malavalli (hereinafter referred to as the 'trial Court' for short) and order dated 10.11.2023 passed in M.A.No.9/2020 by the Senior Civil Judge and JMFC, Malavalli (hereinafter referred to as the 'appellate Court' for short).
2. Heard Sri Vinaya Keerthy M., learned counsel for the petitioner and Sri Abhinav V., learned counsel
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HC-KAR CNR: KAHC010652792023 NC: 2026:KHC:47870 WP No. 28600 of 2023 appearing on behalf of Sri Kashyap N Naik, learned counsel for the respondent.
3. The respondent filed a suit in O.S.No.337/2018 seeking the relief of permanent injunction against the petitioner herein. In the said suit, the plaintiff filed I.A.No.1 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), which came to be allowed by the trial Court vide order dated 14.07.2020. The defendant assailed the said order before the appellate Court in M.A.No.9/2020. The appellate Court, vide order dated 10.11.2023, dismissed the appeal, affirming the order passed by the trial Court.
4. It is required to be noticed that this Court, vide
order dated 13.02.2024, directed the parties to maintain status-quo. It is further required to be noticed that the matter is now set down for recording evidence and the proceedings have not progressed in view of the pendency of the present petition. The ends of justice would be met if
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HC-KAR CNR: KAHC010652792023 NC: 2026:KHC:47870 WP No. 28600 of 2023 the status-quo order granted by this Court is continued during the pendency of the suit.
5. Hence, the writ petition is disposed of without interfering with the impugned orders, directing the parties to maintain status-quo with regard to their possession over the suit schedule property during the pendency of O.S.No.337/2018. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 1 Sl No.: 47