- 1 - HC-KAR NC: 2026:KHC:3268 WP No. 27486 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 27486 OF 2025 (GM-CPC) BETWEEN: 1. MR SALMAN KHAN S/O ZAHEER AHMED KHAN, AGED ABOUT 32 YEARS, R/AT NO.23, 4TH CROSS, 2ND MAIN ROAD, MARUTHI LAYOUT, BTM LAYOUT, 1ST STAGE, BENGALURU-560 029. …PETITIONER (BY SRI. MANJUNATH K.V., ADVOCATE) AND: 1. MR. SHEIKH RIZWAN S/O AMEER JAN, AGED ABOUT 51 YEARS, R/AT. NO.87, TIRUPALYA VILLAGE, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-560 105. 2. MR. BABU M.B, S/O LATE MOHHAMMED ABBAS, AGED ABOUT 49 YEARS, R/AT 66, 8TH MAIN, 2ND CROSS, ROSHAN COLONY, TILAK NAGAR, BENGALURU-560 041. …RESPONDENTS (BY SMT. VEENA S., ADVOCATE FOR SMT. SHARADA C., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3268 WP No. 27486 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 25.02.2025 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT ANEKAL IN M.A. NO.58/2024 AS PER ANNEXURE-A AND 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 1. This petition arises out of a suit in O.S.No.375/2024 pending on the file of the Principal Civil Judge and J.M.F.C., Anekal. 2. The petitioner is the plaintiff in the said suit filed by him against the respondents / defendants for permanent injunction and other reliefs in relation to the suit schedule immovable property. 3. In the said suit, the petitioner / plaintiff filed an application I.A.No.I for temporary injunction which was dismissed by the Trial Court vide Order dated 30.08.2024. Aggrieved by the said order, the petitioner filed an appeal in M.A.No.58/2024 which was disposed of by the First - 3 - HC-KAR NC: 2026:KHC:3268 WP No. 27486 of 2025 Appellate Court vide impugned order dated 25.02.2025 by holding as under; "The Appeal filed by appellant/plaintiff, under Order XLIII Rule 1(r) of the Code of Civil Procedure is allowed. The order passed on I.A.I by learned Prl.Civil Judge and JMFC., Anekal in O.S.No.375/2024 passed on 30.08.2024, is set-aside. Both parties are directed to maintain status-quo with respect to possession of suit schedule property till disposal of suit. No order as to costs. Office is directed to sent copy of this orders to learned Trial Judge for further action." 4. As can be seen from the order passed by the First Appellate Court, both parties have been directed to maintain the status quo as regards possession of the suit schedule property till disposal of the suit. Aggrieved by the impugned order passed by the Trial Court and the First - 4 - HC-KAR NC: 2026:KHC:3268 WP No. 27486 of 2025 Appellate Court, the petitioner is before this Court by way of the present petition. 5. A perusal of the material on record will indicate that various questions that arise for consideration between the petitioner and the respondent would necessarily have to be decided only after a full-fledged trial. 6. 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 / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition by modifying the impugned order passed by the First Appellate Court and the impugned order passed by the Trial Court and by directing both parties to maintain the status quo in all respects, as on today, in relation to the suit schedule property, till disposal of the suit by the Trial Court within a stipulated time frame. - 5 - HC-KAR NC: 2026:KHC:3268 WP No. 27486 of 2025 7. In the result, the following; ORDER (i) The petition is hereby disposed of. (ii) The impugned order dated 25.02.2025 passed in M.A.No.58/2024 and the impugned order dated 30.08.2024 passed in O.S.No.375/2024 are hereby modified. (iii) Both, the petitioner and respondents are directed to maintain status quo in all respects as on today, in relation to the suit schedule property, till disposal of the suit by the Trial Court. (iv) The Trial Court shall dispose of the suit in accordance with law as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order without being influenced by the findings and observations recorded in the impugned orders - 6 - HC-KAR NC: 2026:KHC:3268 WP No. 27486 of 2025 passed by the Trial Court and the First Appellate Court. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE GH List No.: 1 Sl No.: 0