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2026 DAILYLAW 8033 (KAR)

SRI.A.A. ABDUL RAVUF PASHA v. STATE RETIRED EMPLOYEES SANGHA

WP/7935/2024 · 2026-04-24

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22852 WP No. 7935 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7935 OF 2024 (GM-CPC) BETWEEN: 1. SRI.A.A. ABDUL RAVUF PASHA SON OF LATE ABDUL AJIJ PASHA, AGED ABOUT 47 YEARS, RESIDENT OF BEHIND GOVERNMENT HOSPITAL PETE, ARAKALGUD TOWN, ARAKALAGUDU TALUK, HASSAN DISTRICT - 573201. 2. SRI A A ABDUL ALEEM PASHA SON OF LATE ABDUL AJIJ PASHA, AGED ABOUT 44 YEARS, RESIDENT OF BEHIND GOVERNMENT HOSPITAL, PETE, ARAKALGUDU TOWN, ARAKALAGUDU TALUK, HASSAN DISTRICT - 573201. …PETITIONERS (BY SRI. MOHAN P S.,ADVOCATE) AND: 1. STATE RETIRED EMPLOYEES SANGHA AND FAMILY PENSIONERS WELFARE SANGHA, ARKALGUD TALUK BRANCH, ARAKALGUD TALUK HASSAN DISTRICT - 573 201 REPRESENTED BY ITS PRESIDENT, EREGOWDA A, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22852 WP No. 7935 of 2024 SON OF LATE ANNEGOWDA, AGED ABOUT 77 YEARS, SECRETARY, NINGAPPA, SON OF LATE CHINNAPPA, AGED ABOUT 74 YEARS. …RESPONDENT (BY SRI. SANCHAN JAI NANDAN.,ADVOCATE) THIS WP IS FILED PRAYING TO QUASHING THE ORDER DTD 01.07.2023 PASSED IN OS NO.332/2022 ON IA NO.II BY THE LEARNED ADDL CIVIL JUDGE AND JMFC ARKALGUD AS PER ANNEXURE-D AND ALSO QUASH THE ORDER DATED: 08.02.2024 PASSED IN MA NO. 24/2023 BY THE LEARNED SENIOR ADDL. CIVIL JUDGE AND JMFC ARKALGUD AS PER ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner–defendants have called in question the order dated 01.07.2023 passed on the application filed under Order XXXIX Rules 1 and 2 of the CPC by the Additional Civil Judge and JMFC, Arakalagud (hereinafter referred to as the “Trial Court” for - 3 - HC-KAR NC: 2026:KHC:22852 WP No. 7935 of 2024 short) in O.S. No.332/2022, whereby the application filed by the plaintiff has been allowed. The petitioner– defendants have also challenged the order dated 08.02.2024 passed in M.A. No.24/2023 by the Senior Civil Judge and JMFC, Arakalagud (hereinafter referred to as the “First Appellate Court” for short), whereby the appeal filed by the defendants has been dismissed, confirming the order passed by the Trial Court. 2. The plaintiffs (respondents herein) have filed a suit for bare injunction against the petitioners–defendants. Along with the plaint, they filed an application under Order XXXIX Rules 1 and 2 of the CPC. The Trial Court, by the impugned order dated 01.07.2023, granted an order of temporary injunction restraining the defendants from interfering with the plaintiffs’ possession and enjoyment of the suit schedule property. Being aggrieved by the same, the petitioner–defendants preferred M.A.No.24/2023 before the Senior Civil Judge and JMFC, Arakalagud, which came to be dismissed on 08.02.2024 by confirming the - 4 - HC-KAR NC: 2026:KHC:22852 WP No. 7935 of 2024 order dated 01.07.2023 passed by the Trial Court. Being aggrieved by the same, the petitioners are before this Court. 3. This Court, by order dated 25.03.2024, directed the parties to maintain status quo in respect of the suit schedule property, and the same is continued till today. 4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter and since the suit is for bare injunction, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the suit as expeditiously as possible. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the suit in O.S.No.332/2022, in accordance with law and as - 5 - HC-KAR NC: 2026:KHC:22852 WP No. 7935 of 2024 expeditiously as possible, not later than six months from the date of receipt of a certified copy of this order, provided there is no order of stay of the said proceedings granted by any Court of law. c) The interim order granted by this Court shall continue till disposal of the suit. d) Parties are directed to co-operate for early disposal of the suit. e) If the petitioners herein (defendants) do not co- operate for early disposal and seek adjournments, the interim protection granted by this Court shall stand vacated, and the injunction order passed by the Trial Court on 01.07.2023 shall come into operation. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 49