Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13951 WP No. 11974 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11974 OF 2025 (GM-CPC) BETWEEN:
SRI H D RAJE GOWDA S/O.DODDEGOWDA AGED ABOUT 67 YEARS R/AT HETHUR VILLAGE AND HOBLI SAKALESHPURA TALUK HASSAN DISTRICT-573123. …PETITIONER (BY SRI. BHADRINATH R., ADVOCATE) AND:
1.
SRI H T SOMASHEKAR S/O.H.M.THAMME GOWDA AGED ABOUT 55 YEARS R/AT HETHUR VILLAGE & HOBLI SAKALESHPURA TALUK HASSAN DISTRICT-573123.
2.
SMT. MANJULA W/O.LATE ASHWATH AGED ABOUT 45 YEARS R/AT HETHUR VILLAGE & HOBLI SAKALESHPURA TALUK HASSAN DISTRICT-573123 …RESPONDENTS (BY SRI. PUNEETHRAJU D. R, ADVOCATE FOR R1:
R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
ORDER/S OR WRIT OF CERTIORARI QUASHING THE IMPUGNED
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:13951 WP No. 11974 of 2025
ORDER DATED: 18.02.2025 ON I.A.NO.V IN O.S.NO. 183 OF 2022 PASSED BY THE C/C CIVIL JUDGE AND JMFC AT SAKALESHPURA FOUND AT ANNEXURE-A CONSEQUENTLY TO DISMISS THE I.A.NO.V FILED BY THE PLAINTIFF / R-1 UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE WITH AFFIDAVIT IN O.S.NO. 183 OF 2022 PASSED BY THE C/C CIVIL JUDGE AND JMFC AT SAKALESHPURA AS FOUND AT ANNEXURE-H AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER This writ petition is filed by defendant No.2 under Article 227 of the Constitution of India, challenging the
order dated 18.02.2025 passed by the Civil Judge and JMFC, Sakaleshpura on I.A. No.V in O.S. No.183/2022, filed by the respondent No.1 herein seeking police protection.
2. The petitioner/defendant No.2 filed a suit in O.S. No.199/2022 before the Civil Judge and JMFC, Sakaleshpura, and obtained an order of temporary injunction under Order XXXIX Rules 1 and 2 of the Civil Procedure Code on 17.01.2023. He also obtained police
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HC-KAR NC: 2026:KHC:13951 WP No. 11974 of 2025
protection for the implementation of the said injunction
order.
3. The respondent No.1 herein filed O.S. No.183/2022 for bare injunction. He also filed an application under Order XXXIX Rules 1 and 2 of CPC and obtained an injunction order. The same is impugned in this writ petition.
4. The second respondent herein also filed O.S. No.205/2022 seeking an injunction. In the suit, she has obtained a temporary injunction. It is submitted by the petitioner that the survey number is the same; however, there is a slight difference in the boundaries, and the properties overlap with each other.
5. In view of the above and in the interest of justice, I am of the opinion that all three suits have to be clubbed together and common order has to be passed.
6. Accordingly, the following order:
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HC-KAR NC: 2026:KHC:13951 WP No. 11974 of 2025
(i) The writ petition is disposed of. (ii) The Civil Judge and JMFC, Sakaleshpura, is
directed to club O.S. No.199/2022 filed by the petitioner herein, O.S. No.183/2022 filed by respondent No.1 herein, and O.S. No.205/2022 filed by respondent No.2 herein, and pass a decree in accordance with law. (iii) Till then, the parties are directed to maintain status quo in respect of the suit schedule properties. (iv) The trial court is directed to dispose of the suits within one year from the date of receipt of a certified copy of this order. (v) In view of the disposal of the main matter, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM List No.: 1 Sl No.: 63