- 1 - HC-KAR NC: 2026:KHC:4286 WP No. 38721 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38721 OF 2025 (GM-CPC) BETWEEN: SMT. NAGAMMA W/O LATE KRISHNAPPA N, AGED ABOUT 62 YEARS, R/AT DOOR NO. 662, 2ND PHASE, BHOGADI ASHRAYA BADAVANE, RAJAJINAGARA, MYSURU - 570 023. …PETITIONER (BY SRI. K. MURTHY, ADVOCATE) AND: SRI. BASAVANNA S/O LATE MAEGOWDA, AGED ABOUT 62 YEARS, R/AT DOOR NO.516, 2ND PHASE, BHOGADI ASHRAYA BADAVANE, MYSURU - 570 023. …RESPONDENT (BY SRI. VINAYA CHANDRA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES PRAYING TO CALL FOR ENTIRE RECORDS AND SET ASIDE THE ORDER AT ANNEXURE-A ORDER DATED 14-11-2025 IN M.A.NO. 102/2025 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM MYSURU, CONFIRMING THE ORDER DATED 18-9-2025 PASSED ON I.A. NO. 1, UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC IN O.S.NO. 1352/2025, ON THE FILE OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4286 WP No. 38721 of 2025 1ST ADDITIONAL CIVIL JUDGE AND JMFC AT MYSURU AND ALLOW I.A. NO.1 IN O.S.NO. 1352/2025 BY ALLOWING THIS WRIT PETITION AND PASS SUCH OTHER ORDER/S OR RELIEF/S AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S. No.1352/2025 on the file of the I Additional Civil Judge and JMFC, Mysore is directed against the impugned order dated 18.09.2025 passed by the trial Court dismissing the application for temporary injunction, IA No.1 filed by the petitioner - plaintiff against the respondent - defendant which was confirmed by the first appellate Court in M.A. No.102/2025 which was dismissed vide final order dated 14.11. 2025. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, without - 3 - HC-KAR NC: 2026:KHC:4286 WP No. 38721 of 2025 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 as expeditiously as possible without being influenced by the findings and observations recorded by the trial Court and first appellate Court in the impugned orders. 4. It is further directed that any construction put up/to be put up by the respondent - defendant on the suit schedule property shall be subject to the final outcome of the suit and that the respondent - defendant shall not claim any equities in this regard and the said construction shall be without prejudice to the rights and contentions of the parties. Subject to the aforesaid directions and leaving open all contentions to be decided by the trial Court in accordance with law, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 22