Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:5450 WP No. 33449 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33449 OF 2025 (GM-CPC)
BETWEEN:
1. SRI BASAVARAJAPPA S/O HANUMANTHAPPA AGED ABOUT 50 YEARS
2. SRI. KARIBASAPPA S/O HANUMANTHAPPA AGED ABOUT 50 YEARS
3. SRI MAHESHA S/O MARTHAPPA AGED ABOUT 50 YEARS
4. SRI KRISHNAPPA S/O NAGAPPA AGED ABOUT 45 YEARS
5. SRI. PRABHAKARA S/O SANGAPPA AGED ABOUT 45 YEARS
6. SRI. MANJA S/O KRISHNAPPA AGED ABOUT 38 YEARS
7. SRI ASHOKA S/O BASAPPA AGED ABOUT 48 YEARS
8. SRI VENKATESHA S/O ESHWARAPPA AGED ABOUT 50 YEARS
Digitally signed by CHANDANA B M Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:5450 WP No. 33449 of 2025
9. SRI THIMMESHWARA S/O YOGESHA AGED ABOUT 45 YEARS
10. SRI. GANGAMMA W/O BASAVANNAPPA AGED ABOUT 60 YEARS
11. SRI. PARASHURAMA S/O BASAVANNAPPA AGED ABOUT 60 YEARS
APPELLANT NOS.1 TO 11 ARE RESIDING AT KANASINAKATTE VILLAGE HOLEHONNUR HOBLI BHADRAVATHI THALUK SHIVAMOGGA DISTRICT – 577 227 …PETITIONERS (BY SRI. MANJUNATH R.P., ADVOCATE) AND:
SRI NAGARAJ S/O LATE LINGARAJAPPA AGED ABOUT 53 YEARS AGRICULTURALIST R/O JAMBARGATTE VILLAGE HOLEHONNURU HOBLI BHADRAVATHI THALUK SHIVAMOGGA DISTRICT – 577 227 …RESPONDENT (BY SRI.SUHAS B SEPPANNAVAL, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.09.2025 ONE PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI IN M.A.NO.9/2025 FOUND AT ANNX-A TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2026:KHC:5450 WP No. 33449 of 2025
CORAM:
HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER This petition is directed against the impugned order dated 06.09.2025 passed in M.A.No.9/2025 whereby the First Appellate Court allowed the appeal filed by the respondent-plaintiff and passed an order of temporary injunction in favour of the respondent-plaintiff against the petitioners-defendants. 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that several contentious issues and disputed questions of law and facts arise for consideration in the suit between the parties, which would necessarily have to be decided only after a full-fledged trial. 4.
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 dispose of the suit in O.S.No.399/2024 as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this order without being influenced by the findings and observations recorded in both the orders
- 4 -
HC-KAR NC: 2026:KHC:5450 WP No. 33449 of 2025
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. 6. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE
SV List No.: 2 Sl No.: 103