- 1 - HC-KAR NC: 2026:KHC-D:81 MFA No. 100971 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.100971 OF 2025 (CPC) BETWEEN: SHRI. BHARTESH DHARMU BHENDGERI, AGE. 67 YEARS, OCC. AGRICULTURE, R/O. H.NO.359, PATIL GALLI, ANGOL, TQ. AND DIST. BELAGAVI-590006. …APPELLANT (BY SRI. SANTOSH B.RAWOOT, ADVOCATE) AND: 1. SHRI. SHARAD S/O. NAGENDRA PATIL, AGE. 45 YEARS, OCC. NIL, R/O. D-2, 702, LAKE TOWN, CHS BIBWEWADI PUNE-411037. 2. SHRI. SUNIL S/O. TAMMANNA KUDACHI, AGE. 54 YEARS, OCC. NIL, R/O. SECTION NO.63, PLOT NO.21, NAVANGAR, BAGALKOT-587 103. 3. SMT. VIJAYA SHARAD KHOLAPURKAR, AGE. 51 YEARS, OCC. HOUSE HOLD, R/O. 408, D-WARD GANGAVES, TQ. AND DIST. KOLHAPUR-416003. 4. SHRI. BALCHANRAO CHINTAMANRAO PATWARDHAN, AGE. 66 YEARS, OCC. BUSINESS, R/O. 10A MANGALDAS ROAD, PUNE-41101. 5. THE HON’BLE DEPUTY COMMISSIONER, OFFICE OF COMPETENT AUTHORITY, U.L.C AGGLOMERATION AND SPECIAL, Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:81 MFA No. 100971 of 2025 D.C. COMPOUND BELAGAVI-590001. 6. THE HON’BLE REGIONAL COMMISSIONER, D.C. COMPOUND, BELAGAVI-590001. 7. THE HON’BLE ASSISTANT COMMISSIONER, D.C. COMPOUND, BELAGAVI-590001. 8. THE HON’BLE CITY SURVEY OFFICER, D.C. COMPOUND, BELAGAVI-590001. 9. THE HON’BLE VILLAGE ACCOUNTANT, KALMESHWAR TEMPLE, MARUTHI GALLI, ANGOL, BELAGAVI-590016. 10. THE CHIEF REVENUE SECRETARY, VIDHAN SOUDHA, BANGALORE-01. 11. THE HON’BLE PSI, UDAYAMBAG POLICE STATION, BELAGAVI-590016. 12. TO THE HON’BLE MINISTER, DEPARTMENT OF REVENUE, PARLIAMENT DELHI. 13. SHRI. MAHANTESH NEELKANTANNAVR, AGE. 52 YEARS, OCC. NIL, R/O. CHIKKODI, TQ. CHIKKODI, DIST. BELAGAVI-591 201. …RESPONDENTS (BY SRI. PRANAV U.BADAGI, ADVOCATE FOR SRI. S.B. HEBBALLI, ADVOCATE FOR C/R1; SMT. GIRIJA S.HIREMATH, HCGP FOR R5 TO R7) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF C.P.C. PRAYING TO SET ASIDE THE ORDER PASSED ON I.A. NO.II IN O.S. NO.518/2024 DATED 11.02.2025 & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:81 MFA No. 100971 of 2025 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT 1. The petitioner before this Court is the plaintiff. He had filed O.S. No. 518/2024 before the Principal Senior Civil Judge & CJM, Belagavi, seeking declaration that the plaintiff is the original Khadim Tenant as per the bond and that he is the absolute owner of the property; further, the writ petitions filed by the defendants are not binding on the plaintiff and the same is null and void; seeking a direction to the defendant to deliver the possession of the suit property and further directing the defendants to mutate the name of the plaintiff in Inam Register maintained by the Government Revenue Authority. 2. There are totally 13 respondents in this petition and the respondent No.1 is the contesting respondent as far as the impugned order is concerned and he is represented by the Advocate. Accordingly this Court is disposing of the appeal without issuing notice to the other respondents. 3. Initially the trial Court had granted an order of status-quo dated 16.12.2024 till appearance of the defendants No.1 to 4 and 13. Then after appearance of the defendants, the 1st - 4 - HC-KAR NC: 2026:KHC-D:81 MFA No. 100971 of 2025 respondent had filed the vacate petition. The Court had vacated the interim order of status-quo that is granted by impugned order dated 11.02.2025. 4. Learned counsel for the petitioner submits that the whole basis for the Court to vacate the status-quo order is that the petitioner has come before the Court with suppression of facts and as per the Revenue Records the name of the father of the first defendant is mutated in the revenue records. As such, the petitioner is not entitled for an interim order from the Court and accordingly the Court has vacated the status-quo. It is submitted that the respondent No.1 defendant has obtained order for mutation of his name in the revenue records by filing a writ petition and against that a Writ Appeal is filed i.e. W.A. No. 100517/2025 and the Division Bench of this Court by order dated 10.09.2025 had vacated the stay order of the learned Single Judge and remanded the matter for fresh consideration and also directed the parties to maintain status-quo. The Division Bench has observed that the revenue records as stand today shall continue to remain till disposal of the writ petitions however the respondents shall not create any third party interest during the - 5 - HC-KAR NC: 2026:KHC-D:81 MFA No. 100971 of 2025 pendency of the writ proceedings. It is submitted that even in the light of the order passed by the Division Bench of this Court the petitioner is entitled to the interim order of status-quo to be maintained. Learned Judge has passed the order mainly on the ground that the High Court had passed order in the writ petition. 5. Learned counsel for the respondent No.1 who has moved the vacate petition before the trial Court submits that in the Writ Appeal, Division Bench had set aside the order passed by the learned Single Judge. Further, the Division Bench has not interfered with the revenue entries and also directed that said revenue entries shall be in force till disposal of the writ petitions. It is submitted that in those circumstances wherein the revenue entries were in the name of the respondents, the Court had rightly vacated the order of status-quo and rightly observed that the plaintiff has come before the Court with unclean hands and he is not entitled for any relief. 6. Having heard the learned counsels on either sides, perused the material on record. The Court has initially granted an order of status-quo and later that order is vacated mainly on the - 6 - HC-KAR NC: 2026:KHC-D:81 MFA No. 100971 of 2025 ground that an order is passed in the writ petition by this Court and those aspects were suppressed by the petitioner. 7. Admittedly in the order that is passed in the Writ Petition, the petitioner is not a party. Thereafter he had filed a writ appeal and in the writ appeal the Division Bench has set aside the order of the learned Single Judge and in fact directed the respondents herein not to create any third party rights. In the light of the above, this Court is of the view that the order of status quo that is granted by the Court shall be in force till the rights of the parties are crystalised. This would be in the interest of both the parties. Hence, this Court is passing the following: ORDER (i) The order passed by the Principal Senior Civil Judge & CJM, Belagavi on I.A. No. II in O.S. No. 518/2024 dated 11.02.2025 is set aside. (ii) The parties shall maintain status-quo pending disposal of the suit. (iii) The Writ Petition is allowed. - 7 - HC-KAR NC: 2026:KHC-D:81 MFA No. 100971 of 2025 (iv) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 52