- 1 - HC-KAR NC: 2026:KHC:4536 WP No. 36689 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. 36689 OF 2025 (GM-CPC) BETWEEN: 1. UMADEVI D/O LATE GURULINGAIAH, W/O SIDDAGANGAIAH. AGED ABOUT 51 YEARS, 2. SRI. SIDDAGANGAIAH S/O LATE REVANNA, AGED ABOUT 55 YEARS. 3. SRI. VIVEK.S S/O SIDDALINGAIAH, AGED ABOUT 28 YEARS, ALL ARE RESIDING AT NO. 189, 1ST FLOOR, OPP. VENKATESHWARA TEMPLE, BALAJI LAYOUT, BYADARAHALLI, VISHWANEEDAM POST, BENGALURU-560091. …PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4536 WP No. 36689 of 2025 AND: 1. SMT.PUTTAREVAMMA W/O LATE GURULINGAIAH, AGED ABOUT 72 YEARS, 2. SMT. SUJATHA D/O LATE GURULINGAIAH, W/O GAJENDRA, AGED ABOUT 48 YEARS, RESPONDENT NO.1 AND 2 ARE RESIDING AT HOUSE NO.250, SITE NO.114, BALAJI LAYOUT, BYADARAHALLI, VISHWANEEDAM POST, BENGALURU-560091. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.02 2025 PASSED IN O.S. NO. 1132/2024 PASSED BY THE LEARNED PRL. CIVIL JUDGE, BENGALURU RURAL DISTRICT. BENGALURU ON L.A. NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC PRODUCED AT ANNEXURE-K AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:4536 WP No. 36689 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by defendant No.1 in O.S.No.1132/2024 is directed against the impugned order dated 15.02.2025 passed by the trial Court allowing I.A.No.1 for temporary injunction filed by the respondents/plaintiffs, which was confirmed by the First Appellate Court in M.A.No.40/2025, whereby the said appeal filed by the petitioners/appellants was dismissed by the First Appellate Court. 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that several contentious issues including disputed questions of law and facts arise for consideration in the suit before the trial Court, which would necessarily have to be adjudicated upon only after a full-fledged trial. 4. Under these circumstances, I deem it just and appropriate to dispose of this petition without interfering with the impugned orders and by directing the trial Court to dispose - 4 - HC-KAR NC: 2026:KHC:4536 WP No. 36689 of 2025 of the suit as expeditiously as possible without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and First Appellate Court. In addition thereto, liberty is reserved in favour of the petitioners to file an application for appointment of a Court Commissioner under Order XXVI Rule 9 of CPC. If the petitioners file such an application, the trial Court shall provide an opportunity to the respondents in this regard and dispose of the said application in accordance with law. 5. 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. Subject to the aforesaid directions and liberty reserved in favour of the petitioners, the petition stands disposed of.. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 18