- 1 - HC-KAR NC: 2026:KHC:358 WP No. 8948/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.8948/2025 (GM-CPC) BETWEEN: 1. BALACHANDRA S/O RAMAKRISHNA SHETTY AGED ABOUT 63 YEARS 2. SMT. SUMITHRA W/O BALACHANDRA AGED ABOUT 60 YEARS 3. VARUN S/O BALACHANDRA AGED ABOUT 24 YEARS ALL THE APPELLANTS ARE R/O.TALAGUPPA THALAGUPPA HOBLI SAGAR TALUK SHIVAMOGGA DISTRICT-577 430. …PETITIONERS (BY SRI. MAHESH R UPPIN., ADVOCATE) AND: 1. SMT. VANI W/O V.N ANIL KUMAR AGED ABOUT 43 YEARS R/O. VADDINAGADDE TALAGUPPA HOBLLI SAGAR TALUK SHIVAMOGGA DISTRICT-577 430. …RESPONDENT Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:358 WP No. 8948/2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.01.2019 PASSED ON IA NO.II IN O.S.NO.199/2016 (NEW NO.91/2021) ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., SAGAR At ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition petitioners seek the following relief: i). Quash the order dated 21.01.2019 passed on I.A.No.II in O.S No.199/2016 (New No.91/2021) on the file of the learned Principal Civil Judge and JMFC, Sagar marked as Annexure-F and the order dated 29.06.2024 passed by the Additional Senior Civil Judge and JMFC, Sagar in M.A.No.09/2019 marked as Annexure-G by issuing a Writ in the nature of Certiorari; and ii). Pass such other orders as deems fit to grant under the circumstances of the case in the interest of justice. 2. Heard learned counsel for the petitioners and perused the materials on record. 3. A perusal of the material on record would indicate that the respondent/ plaintiff instituted a suit in - 3 - HC-KAR NC: 2026:KHC:358 WP No. 8948/2025 O.S.No.199/2016 (New O.S.No.91/2021) against the petitioners/ defendants for permanent injunction and other relief in relation to suit schedule immovable property. Along with the said suit, the respondent having filed an application for temporary injunction I.A.No.II, the petitioners/ defendants contested the suit by filing written statement as well as objections to I.A.No.II, which culminated in an order of temporary injunction dated 21.01.2019 and the same was confirmed in an appeal in M.A.No.09/2019 filed by the petitioners, vide order dated 29.06.2024 passed by the First Appellate Court. 4. Aggrieved by the impugned orders passed by the Trial Court and First Appellate Court, petitioners are before this Court byway of the present petition. 5. Though several contentions have been urged by both sides in support of their respective claims before the Trial Court as well as the First Appellate Court, the issues in controversy would necessarily have to be resolved byway of a full-fledged trial. Under these circumstances, I - 4 - HC-KAR NC: 2026:KHC:358 WP No. 8948/2025 deem it just and appropriate to dispose of this petition without interfering with the impugned order and by directing the Trial Court to dispose of the suit as expeditiously as possible without being influenced by the findings and observations recorded in the impugned orders passed by the Trial Court as well as the First Appellate Court. 6. All rival contentions on all aspects of the matter between the parties are kept open and no opinion is expressed on the same. 7. Subject to the aforesaid directions petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP/PKN List No.: 1 Sl No.: 3