- 1 - HC-KAR NC: 2026:KHC:2897 WP No. 30644 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.30644 OF 2025 (GM-CPC) BETWEEN: 1. MR. K.G. KRISHNAMURTHY S/O. GOVINDAIAH SETTY, AGED ABOUT 60 YEARS, RESIDING AT 8TH WARD, GUDIBANDE TOWN GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT-561 209. …PETITIONER (BY SRI. SWAROOP S., ADVOCATE) AND: 1. MRS. PREMDEVI W/O. MR. OMPRAKASH, AGED ABOUT 35 YEARS, RESIDING AT NO. 219, 8TH WARD, MAIN ROAD, GUDIBANDE TOWN, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT-561 209. 2. MR. OMPRAKASH S/O. MR. NARAYANALALJI AGED ABOUT 50 YEARS, RESIDING AT NO.219, 8TH WARD, MAIN ROAD, GUDIBANDE TOWN, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2897 WP No. 30644 of 2025 GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT-561 209. …RESPONDENTS (BY SRI. SRIKANTH A., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 25.09.2025 AND CONSEQUENTLY ALLOW THE INTERLOCUTORY APPLICATION UNDER ORDER XXXIX RULES 1 AND 2 R/W 151 OF THE CODE OF CIVIL PROCEDURE, 1908, IN O.S.NO.243/2025 PENDING ON THE FILE OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, GUDIBANDE (ANNEXURE-A) AND CONSEQUENTLY, ALLOW THE I.A.NO.1 (ANNEXURE-C) FILED IN THE SUIT BY RESTRAINING THE RESPONDENTS FROM CONTINUING FURTHER CONSTRUCTION OR ANY MASONRY WORKS IN THE SCHEDULE-A AND B PROPERTIES TILL THE DISPOSAL OF THIS SUIT, IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:2897 WP No. 30644 of 2025 ORAL ORDER 1. In this petition, the petitioner seeks the following reliefs: "a. Call for records in OS No.243/2025 pending on the files of the Ld. Principal Civil Judge and JMFC, Gudibande; b. Set aside the order dated September 25, 2025, and consequently allow the Interlocutory Application under Order XXXIX Rules 1 and 2 r/w 151 of the Code of Civil Procedure, 1908, in OS No.243/2025 pending on the files of the Ld. Principal Civil Judge and JMFC, Gudibande Annexure 'A'); and consequently, allow the I.A. No.1 (Annexure 'C') filed in the Suit by restraining the Respondents from continuing further construction or any masonry works in the Schedule "A" and "B" Properties till the disposal of this Suit, in the interest of justice and equity. c. Pass any other / further orders as this Hon'ble Court deems fit and proper in the interests of justice and equity." 2. Heard learned counsel for the petitioner, learned counsel for the respondents and perused the material on record. 3. The petitioner/plaintiff instituted O.S.No.243/2025 against the respondents/defendants for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable properties. In the said suit, the petitioner/plaintiff having filed an application for - 4 - HC-KAR NC: 2026:KHC:2897 WP No. 30644 of 2025 ex parte ad interim order of temporary injunction which was declined by the trial court, the petitioner approached this Court by way of the present petition in which this Court passed the following interim order on 13.10.2025, which reads as under: "Heard learned counsel for petitioner. 2. Issue notice to respondents. 3. Learned counsel for petitioner is permitted to take out notice to the learned counsel representing respondents before the trial Court. 4. Learned counsel for petitioner has filed a memo alongwith certain photographs. The memo and the photographs are taken on record. 5. Learned counsel for petitioner reiterating the averments made in the memorandum of petition contended that Respondent No.2 alongwith sons of Lt. Narayana Setty executed a consent deed dated 3.5.2023 in favour of petitioner in respect to the use of servient heritage, morefully described in the schedule to the present petition. The construction by the respondents over the said servient heritage infringes the petitioner's lawful right of ingress and egress to his schedule 'A' property. In support of his contentions, he has produced certain photographs alongwith the memo. It is submitted that petitioner has a strong prima facie case in his favour. Therefore, he seeks exparte ad- - 5 - HC-KAR NC: 2026:KHC:2897 WP No. 30644 of 2025 interim order of temporary injunction against the respondents. 6. The three ingredients to be seen by the Court while considering the application for Temporary Injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure are prima facie case; balance of convenience; and hardship that would be caused to the aggrieved party. 7. Having regard to the averments made in the petition and submissions of learned counsel for petitioners, this Court is of the opinion that there is a prima facie case made out by the petitioner and balance of convenience tilts in favour of the petitioner and so also more hardship and inconvenience would be caused to the petitioner rather than respondents/ defendants, if the interim order is not granted to the petitioner at this stage. 8. In view of the above, this Court deems it appropriate to pass the following: O R D E R 9. There shall be an order of exparte ad-interim Temporary Injunction restraining the respondents/ defendants from putting up any construction in the property described in the present petition as servient heritage of schedule 'B' property, morefully described in the schedule to the present petition measuring East to West - 20 feet and North to South - 7 feet (towards eastern side of the schedule-A property), till the next date of hearing. - 6 - HC-KAR NC: 2026:KHC:2897 WP No. 30644 of 2025 10. Petitioners shall comply the provisions of Order – XXXIX Rule – 3 of the Code of Civil Procedure." 4. The said interim order passed by this Court continues to remain in force and operate between the parties even as on today. 5. Learned counsel for the petitioner/plaintiff and learned counsel for the respondents/defendants jointly submit that the respondents have entered appearance in the suit and they have filed their written statement, objections etc., in the suit which currently stands posted to 07.02.2026. It is jointly submitted by both sides that the trial court may be directed to prepone/advance the suit from 07.02.2026 to this Saturday i.e., 24.01.2026 and to consider and pass appropriate orders on IA No.1 filed by the petitioner/plaintiff for temporary injunction within the stipulated time frame. 6. In view of the aforesaid facts and circumstances and the joint submissions made by both sides, I deem it is just and appropriate to dispose of the petition by issuing certain directions. 7. In the result, I pass the following: ORDER (i) The petition is hereby disposed of; - 7 - HC-KAR NC: 2026:KHC:2897 WP No. 30644 of 2025 (ii) The Court of the Civil Judge and JMFC, Gudibande, is directed to prepone/advance the suit in O.S.No.243/2025 from 07.02.2026 to 24.01.2026; (iii) Both the parties are reserved liberty to file an appropriate application seeking advancement/preponement of the suit from 07.02.2026 to 24.01.2026; (iv) Immediately upon preponement/advancement of the suit from 07.02.2026 to 24.01.2026, the trial court shall hear both sides on I.A.No.1 and dispose of the said application on merits and in accordance with law within a period of 15 days from 24.01.2026 without being influenced by the findings/observations, if any, recorded in the aforesaid interim order dated 13.10.2025 or the present order; (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; (vi) It is further directed that till disposal of I.A.No.1 by the trial court as stated supra, the interim order dated 13.10.2025 passed by this Court shall continue to remain in force and operate between the parties without prejudice to their rights and contentions; (vii) Pending applications, if any, stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE hkh. List No.: 1 Sl No.: 5