- 1 - HC-KAR NC: 2026:KHC-D:595 WP No. 101648 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.101648 OF 2025 (GM-CPC) BETWEEN: SMT. SEEMA W/O. SUNIL JADHAV @ SHIDAWADKAR, AGE 39 YEARS, OCC. AGRICULTURE, R/O. YALIHADALAGI, TQ. ATHANI, DIST. BELAGAVI- 591248. - PETITIONER (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: 1. SHRI. BAVUSABHEB RAMU SHIDAWADKAR @ JADHAV, AGE MAJOR, R/O. DEVAKAMAN, NEAR TUKARAM TEMPLE, ALANDI ROAD, PUNE, MAHARASHTRA. 2. SHRI. MOHAN S/O. VITHAL BORADE, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. YALIHADALAGI, TQ. ATHANI, DIST. BELAGAVI-591248. - RESPONDENTS (BY SRI. TEJPAL A.KAMAL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 13.12.2024 PASSED IN MISC. APPEAL NO.10056/2024 BY THE LEARNED XI ADDITIONAL DISTRICT JUDGE, BELAGAVI SITTING AT ATHANI VIDE ANNEXURE – A AND ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 28.11.2024 PASSED IN O.S. NO.399/2024 BY THE LEARNED PRINCIPAL SENIOR JUDGE, ATHANI ON I.A. NO.1 VIDE ANNEXURE-B AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:595 WP No. 101648 of 2025 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the order passed in I.A. No. 1 in O.S. No. 399/2024 dated 28.11.2024 by the Principal Senior Civil Judge, Athani, whereby the Trial Court had dismissed the I.A. filed under Order XXXIX Rule 1 of CPC, the petitioner is before this Court. 2. When the matter came up for hearing, the counsel appearing for the respondents submits that the petitioners have filed another suit, i.e. O.S. No. 397/2024. In that suit a similar application is filed and the Court has rejected the application seeking injunction and against that, they filed W.P. No. 101652/2025 and the same came to be dismissed by order dated 03.11.2025 and the Court has observed that since the plaintiff is claiming the right of preemption, the court is of the view that both Courts are justified in dismissing the application seeking injunction. The suit property, in case is sold during the pendency of the suit, the purchaser will acquire right to the property subject to the result of the injunction proceedings. - 3 - HC-KAR NC: 2026:KHC-D:595 WP No. 101648 of 2025 3. In the light of the order that is passed in W.P. No. 101652/2025, this Court is not inclined to interfere with the order impugned before this Court and in case if the property is sold during the pendency of the suit, the purchaser will acquire right to the property subject to the result of the proceedings. Accordingly, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed off. ii. All I.As. in this petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 44