- 1 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 977 OF 2026 (GM-CPC) BETWEEN: THIMMARAYAPPA GOWDA, SINCE DEAD REPRESENTED BY LR T.BASAVARAJU, S/O LATE.THIMMARAYA GOWDA, AGED ABOUT 57 YEARS, AGRICULTURIST, R/O. RANGAIAHNAPALYA, BALLAGERE, MAJARE, HEBBUR HOBLI, TUMAKURU TALUK AND DISTRICT-572120. …PETITIONER (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. T RANGAPPA S/O LATE. THOPAIAH, AGED ABOUT 61 YEARS, R/O RANGAIAHNAPALYA, BALLAGERE, MAJARE, HEBBUR HOBLI, TUMAKURU TALUK AND DISTRICT-572120. 2. SMT.ANUSUYAMMA, D/O LATE. THIMMARAYA GOWDA, W/O HALE RANGAIAH, AGED ABOUT 59 YEARS, HOME MAKER, R/AT NO.3/454, 2ND CROSS, MUNESHWARA BLOCK, PARVATHINAGAR, LAG 3. GANGADARAIAH, S/O LATE. THOPAIAH, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 AGED ABOUT 64 YEARS, R/AT NO.3/454, 2ND CROSS, MUNESHWARA BLOCK, PARVATHINAGAR, LAGGERE, BENGALURU-560 058. 4. SMT. THAYAMMA, D/O THOPAIAH, W/O MANDAIAH, AGED ABOUT 73 YEARS, R/O KOTTAGERE, KUNIGAL TALUK, TUMAKURU-572130. 5. SMT.SHARADHAMMA, D/O. LATE THOPAIAH W/O. HANUMANTHAIAH, AGED ABOUT 71 YEARS, R/O. II CROSS, KAMALANAGARA, BENGALURU-560 079 THAYAMMA W/O. RAMANNA SINCE DEAD BY HER LEGAL HEIRS 6. SAVITHRAMMA W/O. LATE GANGADHARA, D/O. LATE RAMANNA AGED ABOUT 68 YEARS, R/O. BIDANAGERE VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMAKURU-572 130 6. GOWRAMMA, W/O B.C.RANGAPPA, D/O. LATE RAMANNA AGED ABOUT 59 YEARS, R/O. BALLAGERE (RANGANNANA PALYA), HEBBURU HOBLI, NAGAVALLI POST, TUMAKURU TALUK AND DISTRICT-572 120 8. NAGARAJU B.R. S/O. LATE RAMANNA AGED ABOUT 55 YEARS, R/O. BIDANAGERE VILLAGE, - 3 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 KASABA HOBLI, KUNIGAL TALUK, TUMAKURU-572 130 THOPAMMA W/O. LATE RAMANNA SINCE DEAD HER LEGAL HEIRS 9. NARAYANA S. S/O. LATE RAMAIAH AGED ABOUT 45 YEARS, WORKING AT PRAGATHI AUTO MACHINE PEENYA II STAGE, BRUNDAVANA ALIENS, BENGALURU- 560 058 10. GANGADHAR S. S/O. LATE RAMAIAH AGED ABOUT 46 YEARS, R/AT NO.364, III MAIN, II CROSS, DEENABANDHU NAGARA, BENGALURU- 560 094 11. NAGAMMA W/O LATE DODDAIAH, D/O.TIMMEGOWDA @ TIMMAIAH, AGED ABOUT 82 YEARS, R/O. GUNANAGARE, KOTTIGERE HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 130 …RESPONDENTS (BY SRI.C.S.MADHU, ADVOCATE FOR C/RESPONDENT NO.1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DATED 08.12.2025 PASSED BY THE COURT OF LEARNED I ADDITIONAL SENIOR CIVIL JUDGE, TUMAKURU IN M.A.NO.26/2022 PRODUCED AS ANNEXURE-S SETTING ASIDE THE ORDER DATED 19.04.2022 PASSED BY THE COURT OF LEARNED III ADDITIONAL CIVIL JUDGE AND JMFC., TUMAKURU ON I.A.NO.II DIRECTING THE PARTIES TO MAINTAIN STATUS QUO IN O.S.NO. 110/2022 PRODUCED AS ANNEXURE-L TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition takes exception to the impugned order dated 08.12.2025 passed in M.A.No.26/2022 by the I Additional Senior Civil Judge and CJM, Tumakuru, whereby the said appeal filed by the respondent No.1 was allowed by the First Appellate Court. 2. Heard learned counsel for the petitioner and learned counsel for caveator respondent No.1 and perused the material on record. For the order proposed, notice to respondent Nos.2 to 11 is dispensed with. 3. A perusal of the material on record will indicate that the petitioner-plaintiff instituted a suit in O.S.No.110/2022 for partition and separate possession of his alleged share in the suit schedule immovable properties and for other reliefs. In the said suit, the defendant No.2 – T.Rangappa contested the suit and filed his written statement and objections. Along with the suit, the petitioner- plaintiff having filed an application for ad interim order of temporary injunction, in the first instance, the trial Court passed an ex-parte ad-interim order of temporary injunction dated 19.04.2022 against - 5 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 the defendant No.2. Upon appearance of the defendant No.2 who also filed an application under Order XXXIX Rule 4 CPC, the trial Court passed an order dated 19.04.2022 directing both parties to maintain status quo in respect of the suit schedule property till disposal of the suit. However, interestingly, on the very same day, the trial Court passed yet another order allowing the application of filed by the defendant No.2 under Order XXXIX Rule 4 CPC. Aggrieved by the order of the trial Court directing maintenance of status quo, the defendant No.2 filed an appeal in M.A.No.26/2022. So also aggrieved by the separate order dated 19.04.2022 passed by the trial Court allowing the application filed by the defendant No.2 under Order XXXIX Rule 4 CPC, the petitioner has filed MA No.28/2022. It is a matter of record that since both M.A.No.26/2022 filed by defendant No.2 and M.A.No.28/2022 filed by the plaintiff related to the same suit and the same subject matter, the petitioner- plaintiff made a request seeking clubbing of both the appeals and for disposal together in accordance with law. However, the First Appellate Court has proceeded to pass the impugned order allowing M.A.No.26/2022 and keeping - 6 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 M.A.No.28/2022 pending, aggrieved by which, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner and learned counsel for respondent No.1- defendant No.2 jointly submit that in view of mutually contradictory/conflicting orders passed dated 19.04.2022 passed by the trial Court on the application for temporary injunction filed by the plaintiff and the application filed by the defendant No.2 under Order XXXIX Rule 4 CPC, and the Order passed on IA No. 1 having been set aside by the First Appellate Court, the present petition may be disposed of setting aside both the orders passed by the trial Court as well as the order passed by the First Appellate Court and remitting the matter back to the Trial Court for reconsideration of both the applications filed by the petitioner and defendant No.2 afresh in accordance with law. 5. In view of the aforesaid factual circumstances and joint submissions made by both sides, I deem it just and appropriate to dispose of this petition by issuing certain directions. In the result, I pass the following: - 7 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 ORDER i) The petition is hereby disposed of. ii) Order dated 19.04.2022 passed on the application for temporary injunction filed by the petitioner under Order XXXIX Rules 1 and 2 in O.S.No.110/2022 is hereby set aside. ii) So also the order dated 19.04.2022 passed on the application filed by the defendant No.2 under Order XXXIX Rule 4 CPC is hereby set aside. iii) The impugned order dated 08.12.2025 passed in M.A.No.26/2022 is also hereby set aside. iv) The matter is remitted back to the trial Court for reconsideration of the application for temporary injunction filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC along with the application filed by the defendant No.2 under Order XXXIX Rule 4 CPC afresh in accordance with law. v) The First Appellate Court before whom M.A.No.28/2022 is pending is directed to close/dispose of the said appeal as having been rendered infructuous. - 8 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 vi) The trial Court before whom the suit in O.S.No.110/2022 is said to be posted on 23.03.2026 is directed to prepone/advance the suit to 09.02.2026. vii) Liberty is reserved in favour of both parties to file appropriate application for advancement/preponement of the suit from 23.03.2026 to 09.02.2026. viii) Immediately upon the trial Court preponing/advancing the suit from 23.03.2026 to 09.02.2026, the trial Court shall reconsider both the applications filed by the petitioner and defendant No.2 under Order XXXIX Rules 1 and 2 CPC and under Order XXXIX Rule 4 CPC afresh and in accordance with law, and pass appropriate orders in accordance with law within a period of 15 days from 09.02.2026. ix) It is further directed that till the trial Court reconsider both the applications filed by petitioner and defendant No.2 and passes appropriate orders as stated supra, parties shall maintain status quo in all respects in relation to the suit schedule properties. - 9 - HC-KAR NC: 2026:KHC:4535 WP No. 977 of 2026 x) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 26