- 1 - HC-KAR NC: 2026:KHC:7063 WP No. 27569 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 27569 OF 2024 (GM-CPC) BETWEEN: 1. SRI RADHAKRISHNA URS H N S/O LATE SRI NANJARAJAURS AGED ABOUT 59 YEARS R/A NO.EWS-455, HEBBAL, 3RD STAGE, HEBBAL, MYSORE 570 016 ALSO AT SY.NO. 83, BIDARAHALLI VILALGE KANDALIKE HOBLI SARAGURU TALUK MYSORE 571 116. …PETITIONER (BY SRI. SHREERAM T NAYAK, ADVOCATE) AND: 1. SRI PADMAPRASAD H V S/O S A VASANTHA RAJAIAH AGED MAJOR R/A NO. 460, MAHAVEEERA ROAD SARAGURU TOWN SARAGURU HOBLI, HEGGADADEVANAKOTE TALUK MYSORE 570 016 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7063 WP No. 27569 of 2024 2. SRI SRINIVAS MURHTY @ KANDEGALA SRINIVAS S/O SIDDALINGAIAH AGED MAJOR R/A KANDEGALA VILLAGE HURAKANDEGALA HULLALLI HOBLI, NANJANAGUDU TALUK MYSORE 571 315 3. SRI CHOWDAHALLY JAVARAIAH S/O NOT KNOWN TO THE PLAINTIFF AGED MAJOR R/A NO. 48, B C M HOSTEL ROAD K H B COLONY H D KOTE TOWN AND DISTRICT MYSORE 571114 4. SRI SHIVALINGU @ KABINISHIVALINGA S/O BOMMEGOWDA AGED MAJOR R/A BEECHANAHALLI ANTHARASANTHE HOBLI SARAGURU TALUK MYSORE 571 116 5. SRI RAJAIAH S/O SIDDAIAH AGED MAJOR 6. SRI MANJA S/O LATE MUGAIAH AGED MAJOR 7. SRI GURUSIDDAIAH S/O LATE KOMAIAH AGED MAJOR - 3 - HC-KAR NC: 2026:KHC:7063 WP No. 27569 of 2024 8. SRI NANDISH S/O NANJUNDAIAH AGED MAJOR 9. SRI RAJA S/O B T NAGAPPA AGED MAJOR 10. SRI GOVINDA NAIK S/O LATE SUBBANAIK AGED MAJOR 11. SRI KUSAIAH S/O LATE CHIKKAIAH AGED MAJOR 12. SRI RAVI @ GUDDE S/O LATE SANNAKUSAIAH AGED MAJOR 13. SRI SHEKHAR S/O LATE CHIKKAIAH AGED MAJOR 14. SRI KEMPARAJU S/O NANJUNDAIAH AGED MAJOR 15. SRI DINESH S/O MUGAIAH AGED MAJOR 16. SRI PRAKASH S/O LT CHIKKAIAH AGED MAJOR RESPONDENTS NO.5 TO 16 ARE R/A BIDARAHALLI VILLAGE - 4 - HC-KAR NC: 2026:KHC:7063 WP No. 27569 of 2024 KANDALIKE HOBLI, SARAGURU TALUK MYSORE 571 116 …RESPONDENTS (BY SRI. MANJUNATH PRASAD V, ADVOCATE FOR R1; R2 TO R14 AND R16 ARE SERVED AND UNREPRESENTED; V/O/DT.30.07.2025 NOTICE TO R15 IS H/S) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD. 22.08.2024 PASSED IN I.A NO.1 AND 2 UNDER ORDER 39 RULE 1 AND 2 OF CPC IN O.S.NO. 291/2024 BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AT H D KOTE, MYSURU AT ANNX- A AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.291/2024 is directed against the impugned order dated 22.08.2024, whereby the trial Court directed issuance of suit summons and emergent notice on IA Nos.1 and 2 for temporary injunction and declined to pass an ad interim ex-parte order of temporary injunction in favour of the petitioner - plaintiff against the defendants. - 5 - HC-KAR NC: 2026:KHC:7063 WP No. 27569 of 2024 2. When the matter came up before this Court on 14.10.2024, this Court passed the following interim order. Issue emergent notice to the respondents. The plaintiff and defendants are directed to maintain status-quo in respect of suit schedule property. It is made clear that neither the plaintiff nor the defendants shall put up any construction or demolish any construction exists over the suit schedule property. List this petition on 30.10.2024. ORAL ORDER ON I.A.No.1/2024 I.A.No.1/2024 is filed for dispensation of production of original/certified copy of Annexures - A to D. The cause shown seeking for dispensation of production of original/certified copy of Annexures - A to D is perused and the same is accepted. Accordingly, I.A.No.1/2024 is allowed and the production of certified copy of Annexures - A to D is dispensed with. ORAL ORDER ON I.A.No.2/2024 I.A.No.2/2024 is filed for dispensation of production of typed/legible copy of Annexure - B. The cause shown seeking for dispensation of production of typed/legible copy of Annexure - B is perused and the same is accepted. Accordingly, I.A.No.2/2024 is allowed and the production of typed/legible copy of Annexure - B is dispensed with. - 6 - HC-KAR NC: 2026:KHC:7063 WP No. 27569 of 2024 3. The aforesaid interim order remains in force and operates between the parties as on today. 4. Though several contentions have been urged by both sides in support of their respective claims, it is a matter of record that the suit before the trial Court is posted on 10.03.2026. It is also an undisputed fact that the applications - IA No.2 and IA No.3 filed by the petitioner - plaintiff is pending consideration before the trial Court and the defendants have filed their objections to the said application before the trial Court. 5. Under these circumstances, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the trial Court to prepone/advance the suit from 10.03.2026 to 16.02.2026 and consider and pass appropriate orders on IA No.2 and IA No. 3 within a period of 15 days from 16.02.26 and issue certain directions in this regard. Accordingly, the following- ORDER (i) The writ petition is disposed of. - 7 - HC-KAR NC: 2026:KHC:7063 WP No. 27569 of 2024 (ii) The trial Court shall consider and pass appropriate orders on IA Nos.2 and 3 within a period of 15 days from 10.03.2026. (iii) It is further directed that without prejudice to the rights and contentions of the parties, the interim order dated 14.10.2024 passed by this Court in the present petition shall continue to remain in force and operate between the parties till disposal of IA No.2 and IA No.3 by the trial Court. (iv) 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. Hand delivery of this order is permitted. Sd/- (S.R.KRISHNA KUMAR) JUDGE Retyped and replaced vide Court order dated 09.03.2026 YKL List No.: 1 Sl No.: 88