- 1 - HC-KAR NC: 2026:KHC:6437 WP No. 10483 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.10483 OF 2023 (GM-CPC) BETWEEN: 1. SRI PARSURAMAPPA, S/O BASI MARIYAPPA, AGED ABOUT 64 YEARS. 2. SRI GANAPATHI, S/O BASI MARIYAPPA, AGED ABOUT 67 YEARS. BOTH ARE RESIDENT OF SAREMAROORU VILLAGE, KASABA HOBLI, SORABA TALUK-577 429. SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI M.B CHANDRACHOODA, ADVOCATE FOR SRI NAIK RAMACHANDRA R, ADVOCATE) AND: 1. SRI BASAPPA, S/O KANAGOD NAGAPPA, AGED ABOUT 37 YEARS. 2. SRI SANTOSH, S/O KANAGOD NAGAPPA, AGED ABOUT 33 YEARS. 3. SRI KANAGOD NAGAPPA, S/O BASAPPA, AGED ABOUT 58 YEARS. ALL ARE RESIDENT OF KALLAMBI VILLAGE, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6437 WP No. 10483 of 2023 KASABA HOBLI, SOARABA TALUK-577 429, SHIVAMOGA DISTRICT. …RESPONDENTS (BY SRI SYED AKBAR PASHA, ADVOCATE FOR R-2 & R-3; R-1 SERVED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND ORDER DATED 24.03.2023 PASSED IN MA NO.15/22 BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT SOARB, PASSED VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek for the following reliefs: “a) Issue a writ in the nature of certiorari to quash the Impugned Judgment and Order dated 24.03.2023 passed in MA No. 15/2022 by the learned Senior Civil Judge and JMFC at Soarb, passed vide Annexure-F. b) To pass such other a writ or order this Hon'ble Court as deems fit under the facts and circumstances of the above case.” 2. Heard the learned counsel for both the parties. 3. When the matter came up before this Court on 26.05.2023, this Court passed the following interim order. ORDER “In addition to reiterating the various contentions urged in the memorandum of petition - 3 - HC-KAR NC: 2026:KHC:6437 WP No. 10483 of 2023 and referring to the documents produced, learned counsel for the petitioners submits that the petitioners had the benefit of interim order of temporary injunction in O.S.No.56/2022 and the same was continued till the First Appellate Court allowed M.A.No.15/2022 by passing the impugned order dated 24.03.2023, pursuant to which, the respondents are attempting to form a road on the suit schedule property. The said submission is placed on record. Issue emergent notice to the respondents returnable by 21.06.2023. Meanwhile, respondents are directed not to form a road on the suit schedule property, till the next date of hearing. Liberty is reserved in favour of the respondents to seek modification/vacation of this order.” 4. Though, several contentions have been urged by both sides, in support of their respective claims, having regard to the fact that the rival contentions would necessarily have to be considered by the trial Court only after a full-fledged trial, without expressing any opinion on the merit/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the trial Court to dispose of the suit in accordance with law at any rate within a period of six months from the date of receipt of a copy of this order, without being influenced by the - 4 - HC-KAR NC: 2026:KHC:6437 WP No. 10483 of 2023 findings and observations recorded in the order of the trial Court or the impugned order passed by the trial Court. 5. It is further directed that till the disposal of the suit, the interim order dated 26.05.2023 shall continue to operate and remain in force between the parties without prejudice to their rights and contentions. 6. All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. 7. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE PB List No.: 1 Sl No.: 10