- 1 - HC-KAR NC: 2026:KHC:4722 WP No. 29907 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.29907 OF 2025 (GM-CPC) BETWEEN: SRI. BALAKRISHNA G., S/O LATE K. GOVINDA SWAMY NAIDU, AGED ABOUT 32 YEARS, RESIDING AT NO.174, 6TH CROSS, 6TH BLOCK, BANASHANKARI STAGE-3, BENGALURU – 560 085. …PETITIONER (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) AND: 1. SRI. SHIVANNA, S/O LATE THIMMAIAH, AGED ABOUT 45 YEARS, RESIDING AT KARIYAPPANA PALYA DODDERI VILLAGE, TAVAREKERE HOBLI CHIKKANAHALLI POST, BENGALURU SOUTH TALUK, BENGALURU – 562 130. 2. THE PANCHAYAT DEVELOPMENT OFFICER (PDO) CHICKANAHALLI GRAM PANCHAYAT, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 562 130. 3. THE TAHSILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU – 560 009. …RESPONDENTS (BY SMT. V.HEMALATHA., AGA FOR R3) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4722 WP No. 29907 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE IMPUGNED ORDER DATED SEPTEMBER 2, 2025, PASSED BY THE HON’BLE II ADDITIONAL CIVIL JUDGE AND JMFC, AT MAGADI, IN O.S. NO. 317/2025 (AT ANNEXURE-A), AND AS A CONSEQUENCE THEREOF, BE PLEASED TO GRANT THE AD- INTERIM EX-PARTE ORDER OF TEMPORARY INJUNCTION AS WAS SOUGHT FOR BY THE PETITIONER AGAINST THE 1ST RESPONDENT IN THE APPLICATION (IA-I) FILED UNDER ORDER XXXIX, RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908, IN THE SUIT AT ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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: i) Call for the records in O.S.No.317/2025 from the file of the Honourable II Additional Civil Judge and JMFC, at Magadi. ii) Issue a Writ of Certiorari, or any other appropriate writ or order, quashing the impugned order dated September 2, 2025, passed by the Honourable II Additional Civil Judge and JMFC, at Magadi, in O.S. No. 317/2025 (at ANNEXURE-A), and as a consequence thereof, be pleased to grant the ad-interim ex-parte order of temporary injunction as was sought for by the petitioner against the 1st respondent in the application (IA-I) filed under order XXXIX, rules 1 and 2 of the code of civil procedure, 1908, in the suit at ANNEXURE-B. - 3 - HC-KAR NC: 2026:KHC:4722 WP No. 29907 of 2025 iii) Grant such other and further reliefs as this Honourable court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. After arguing the matter for sometime, learned counsel for the petitioner submits that the petition may be disposed of as withdrawn reserving liberty in favour of the petitioner to seek preponement / advancement of the suit in O.S.No.317/2025 from 03.06.2026 to any earlier date during the week commencing from 02.02.2026 reserving liberty in favour of the petitioner to request the Trial Court to consider and pass appropriate orders on I.A.Nos.1/2025 and 2/2025 filed by the petitioner for temporary injunction. 3. The said submission is placed on record 4. Accordingly, petition is disposed of as withdrawn reserving liberty in favour of the petitioner to duly notify the learned counsel for respondent No.1-defendant No.1 and seek preponement / advancement of the suit from 03.06.2026 to any convenient date during the week commencing from 02.02.2026. If petitioner duly notifies the learned counsel for respondent No.1- defendant No.1 and files an application for preponement / - 4 - HC-KAR NC: 2026:KHC:4722 WP No. 29907 of 2025 advancement as stated supra, the Trial Court shall prepone/advance the suit in O.S.No.317/2025 from 03.06.2026 to any convenient date during the course of the week commencing from 02.02.2026 and consider and pass appropriate orders on the applications- I.A.Nos.1/2025 and 2/2025 filed by the petitioner within a period of one month from the date to which the Trial Court prepones the aforesaid suit. 5. 5. 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. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 48