- 1 - HC-KAR NC: 2026:KHC:2651 WP No. 26341 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 26341 OF 2023 (GM-CPC) BETWEEN: SRI P MOHANRAJ S/O PALANISWAMY AGED ABOUT 50 YEARS HONGALAVADI VILLAGE(TOTADA MANE) ATTAGULIPURA POST CHAMARAJANAGARA TALUK AND DISTRICT-571 127 …PETITIONER (BY SRI. K. ABHINAV ANAND, ADVOCATE) AND: 1. SRI RANGASWAMY S/O LATE MADAIAH AGED ABOUT 61 YEARS R/AT HONGALAVADI VILLAGE ATTAGULIPURA POST CHAMARAJANAGARA TALUK AND DISTRICT-571 127 2. SRI VENKATESHA(LAND WORKMAN) S/O LATE RAMEGOWDA AGED ABOUT 46 YEARS HONGALAVADI VILLAGE(TOTADA MANE) ATTAGULIPURA POST CHAMARAJANAGARA TALUK AND DISTRICT-571 127 …RESPONDENTS (BY SRI. S.S. PARIKSHIT, ADVOCATE FOR R1, R2 IS SERVED AND UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2651 WP No. 26341 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURE-G THE ORDER DTD 01/09/2023 PASSED IN MA 09/2023 BY THE FILE OF THE SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGARA BY GRANTING TEMPORARY INJUNCTION BY SETTING ASIDE THE ORDER PASSED ON DTD 15/03/2023 VIDE ANNEXURE-EIN OS NO. 270/2022 ON IA NO. I BY THE JUNIOR CIVIL JUDGE AND JMFC AT CHAMARAJANAGAR AND ALLOWED THE APPLICATION FILED UNDER ORDER XXXIX RULE 1 AND 2 R/W SEC 151 OF CPC AND DISMISS THE APPEAL FILED BY THE R-1 IN MA NO. 15/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND CJM, CHAMARAJANAGARA BY ALLOWING THIS WP. 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 by defendant No.1 in O.S.No.270/2022 is directed against the impugned order dated 01.09.2023 passed in M.A.No.9/2023, whereby the said appeal filed by respondent No.1 - plaintiff against the order dated 21.02.2023 passed in O.S.No.270/2022 dismissing the application filed by him for temporary injunction was allowed by the First Appellate Court, which consequently, allowed the application filed by respondent No.1 - plaintiff. 2. Though several contentions have been urged by both sides in support of their respective claims, having regard to the material - 3 - HC-KAR NC: 2026:KHC:2651 WP No. 26341 of 2023 on record, which clearly indicates that the issue and controversy between the parties would necessarily have to be decided by the Trial Court only after a full fledged trial by permitting both the parties to adduce oral and documentary evidence in respect of their respective claim, 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 dated 01.09.2023 passed in M.A.No.9/2023 by the First Appellate Court by directing both the parties to maintain status-quo in all respects as on today in relation to the suit schedule property till the disposal of the suit on merits by the Trial Court. 3. The Trial Court is directed to dispose of the suit on merits and in accordance with law 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 order of the Trial Court as well as the First Appellate Court. 4. All rival contentions on all aspects of the matter are kept/left open to be decided by the Trial Court and no opinion is expressed on the merits/demerits of the rival contentions. - 4 - HC-KAR NC: 2026:KHC:2651 WP No. 26341 of 2023 Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE PKS List No.: 1 Sl No.: 28