Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:22220 W.P. No.1367/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.1367/2021 (GM-CPC)
BETWEEN:
PANDAPPA @ PANDURANGAPPA S/O LATE TONASAPPA AGED ABOUT 50 YEARS R/AT LAKKANAHALLI KALLAMBELLA HOBLI, SIRA TALUK TUMAKURU DISTRICT-572 125.
…PETITIONER (BY SRI. RAVISHANKAR, ADV.,)
AND:
1. KAREGOWDA S/O RAMANNA AGED ABOUT 65 YEARS.
2. MAHALINGAIAH S/O DODDALINGANAYAKA AGED ABOUT 65 YEARS.
3. THIPPANNA S/O MARANNA AGED ABOUT 50 YEARS.
4. NAVEENA S/O RAMESH AGED ABOUT 35 YEARS.
Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:22220 W.P. No.1367/2021
ALL ARE RESIDING AT KALLAMBELLA VILLAGE KALLAMBELLA HOBLI SIRA TALUK TUMAKURU DISTRICT-572 125.
5.
REVENUE INSPECTOR KALLAMBELLA CIRCLE KALLAMBELLA, SIRA TALUK TUMAKURU DISTRICT-572 125.
…RESPONDENTS (BY SRI. M. RAJASHEKAR, ADV., FOR R1 TO R3 SRI. D.S. KESHAVA, ADV., FOR R1, R2 & R4 R5 SERVED AND UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.301/2019 ON THE FILE OF THE LEARNED PRESIDING OFFICER, PRINCIPAL CIVIL JUDGE AND JMFC, SIRA, TUMAKURU DISTRICT. SET ASIDE THE ORDER DATED 27.11.2020 PASSED BY THE SENIOR CIVIL JUDGE & JMFC, SIRA ON I.A.NO.1 AND 9 IN M.A.NO.5/2020 VIDE ANNEXURE-B & 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 petition is filed challenging the order dated 17.07.2020 passed in OS.No.301/2019 by the Principal Civil Judge and JMFC, Sira (for short 'the trial Court') and
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HC-KAR NC: 2026:KHC:22220 W.P. No.1367/2021
order dated 27.11.2020 passed in MA.No.5/2020 by the Senior Civil Judge and JMFC, Sira (for short 'the Appellate Court').
2. Heard Sri.Ravishankar,
learned counsel appearing for the petitioner, Sri.M.Rajashekar, learned counsel appearing for respondent Nos.1 to 3, Sri.D.S.Keshava, learned counsel for respondent Nos.4 and 5 and meticulously perused the material available on record.
3. The petitioner has filed OS.No.301/2019 seeking the relief of permanent injunction against the respondents. In the said suit, the plaintiff filed an application in IA.No.1 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short 'CPC') seeking an order of temporary injunction. The trial Court, considering the rival contentions and the material on record, rejected the said application by order dated
17.07.2020. Being aggrieved, the petitioner preferred
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HC-KAR NC: 2026:KHC:22220 W.P. No.1367/2021
MA.No.5/2020. The said appeal also came to be dismissed, confirming the order of the trial Court, notwithstanding the various contentions urged by learned counsel for both the petitioner and the respondent with regard to the title and possession of the suit schedule property. However, the
learned counsel appearing for both sides fairly submit that the suit between the parties is still pending and this Court, vide order dated 01.02.2021, directed the parties to maintain status quo, and the said status quo order continues to be in force till this day. They jointly seek to dispose of the writ petition with a direction to the trial Court to dispose of the suit as expeditiously as possible.
4. In view of the said submission, and without expressing any opinion on the merits of the case, I am of the considered view that the ends of justice would be met if the status quo order granted by this Court on 01.02.2021 is continued till disposal of the suit in OS.No.301/2019. Accordingly, the writ petition is allowed without expressing any opinion on the merits of the case
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HC-KAR NC: 2026:KHC:22220 W.P. No.1367/2021
particularly with regard to the grant of temporary injunction. The
order dated 17.07.2020 passed in OS.No.301/2019 by the Principal Civil Judge and JMFC, Sira and order dated 27.11.2020 passed in MA.No.5/2020 by the Senior Civil Judge and JMFC, Sira are hereby set aside.
5. The order of status quo granted by this Court on 01.02.2021 shall continue till disposal of the suit. The trial Court shall endure to dispose of the suit as expeditiously as possible, taking note of the pendency before it.
Sd/- (VIJAYKUMAR A. PATIL) JUDGE
ABK List No.: 1 Sl No.: 14