- 1 - HC-KAR NC: 2026:KHC:2852 WP No. 23130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23130 OF 2025 (GM-CPC) BETWEEN: SRI RAHUL A GOWDA S/O SRI K V ANANDA GOWDA AGED ABOUT 30 YEARS R/AT KURUBURU VILLAGE KASABA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 563 125. …PETITIONER (BY SRI. CHETAN KUMAR.V., ADVOCATE FOR SRI. VENKATA REDDY T.M., ADVOCATE) AND: SMT. RATHNAMMA W/O LATE K C RAMAPPA AGED ABOUT 70 YEARS R/AT KURUBURU VILLAGE KASABA HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT - 563 125. …RESPONDENT (BY SRI. SRINIVASA GOWDA M., ADVOCATE) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR THE ENTIRE RECORDS PERTAINING TO O.S.NO.1/2025 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC AT CHINTAMANI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2852 WP No. 23130 of 2025 CHIKKABALLAPURA DISTRICT AND THE RECORDS IN M.A.NO. 8/2025 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT SIDLAGHATTA, CHIKKABALLAPURA DISTRICT, ETC., 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, petitioner seeks the following reliefs: a) Call for the entire records pertaining to O.S.No.1/2025 on the file of principal Civil Judge and JMFC at Chintamani, Chikkaballapura District and the records in M.A.No.8/2025 on the file of Senior Civil Judge and JMFC at Sidlaghatta, Chikkaballapura District. b) To setting-aside the orders dated: 04/06/2025 made in M.A.No.8/2025 passed by the Senior Civil Judge and JMFC at Sidlaghatta at Annexure-B and the order dated: 17/02/2025 on I.A. No.1 in O.S.No.01/2025 passed by the Prl. Civil Judge and JMFC at Chintamani, Chikkaballapura District at Annexure-A. c) To reject the IA No.1 filed by plaintiff/ respondent under order 39 Rules 1 and 2 of Civil Procedure Code before the trial court in respect of the schedule property. d) Direct the respondent to rectify and correct the boundaries towards Southern side as K - 3 - HC-KAR NC: 2026:KHC:2852 WP No. 23130 of 2025 Nanjundappa (A Scheduledhar) instead of K C Ramappa (G Scheduledhar) and also towards Northern side as Lakshmamma W/o Venkateshgowda instead of land belonging to K Nanjundappa in the gift deed dated: 22/10/1999 and also in the plaint schedule property, wherever it is necessary at Annexure-J. e) Directing the respondent and their agents, followers, family members from not to dispossessing the Petitioner and his family members from his land bearing Sy No.126, new phodi Sy No.126/10 measuring 1 Acre and 2 1/2 guntas of karab situated at Kuruburu Village, KasabaHobli, Chintamani Taluk, Chikkaballapura District and the same is bounded East by: Road and Kuruburu form land, west by Kaluve, North by land belonging to Rathnamma W/o Late K C Ramappa (G Scheduledhar), South by land belonging to K Parvathamma (E Scheduledhar), along with its appurtenances. f) Grant such other reliefs as this Hon'ble court may deem fit in the facts and circumstances of the case along with by awarding the costs of litigation in the interest of justice and equity. 2. A perusal of the material on record would indicate that the respondent/plaintiff instituted the aforesaid suit against the petitioner/defendant for permanent injunction and other reliefs in relation to the suit schedule immovable property. In the said suit, the respondent/plaintiff filed an application-I.A.No.1 for - 4 - HC-KAR NC: 2026:KHC:2852 WP No. 23130 of 2025 temporary injunction. The petitioner entered appearance in the suit and contested the suit and filed written statement and objections culminating in an order dated 17.02.2025 granting temporary injunction in favour of the respondent/plaintiff against the petitioner/defendant. Aggrieved by the said order, the petitioner/defendant filed an appeal in M.A.No.8 of 2025, which was dismissed on 04.06.2025 by the First Appellate Court confirming the order of the Trial Court. Aggrieved by the impugned orders passed by the Trial Court and First Appellate Court, petitioner is before this Court by way of the present petition. 3. A perusal of the material on record would indicate that there are several issues that arise for consideration between the parties, which will necessarily have to be decided only after full-fledged trial. Under these circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/de- - 5 - HC-KAR NC: 2026:KHC:2852 WP No. 23130 of 2025 merits of the rival contentions, I deem it just and appropriate to dispose of this petition without interfering with the impugned orders and by directing the Trial Court to dispose of the suit as expeditiously as possible and without being influenced by the findings and observations recorded in the impugned orders passed by the Trial Court and First Appellate Court. 4. Both the parties are directed to co-operate with the Trial Court for expeditious disposal of the suit. 5. Subject to the aforesaid directions, petition stands disposed of. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on the merits/de-merits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 1 Sl No.: 18