Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 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. 38737 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 38841 OF 2025 (GM-CPC)
IN WP No. 38737/2025 BETWEEN:
IBRAHIM SAB S/O LATE MOHAMMED KHASIM SAB AGED ABOUT 80 YEARS R/AT BILINANDI GRAMA KEMPALAPURA, KADABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT- 572220. …PETITIONER (BY SRI. RAVI H K., ADVOCATE) AND:
1. CHAND PASHA S/O LATE ABDUL JABBAR AGED ABOUT 36 YEARS. 2. ABDUL AJEEJ S/O LATE ABDUL JABBAR AGED ABOUT 33 YEARS. 3. BASHEER AHAMAD S/O LATE MOHAMAD HANEEF AGED ABOUT 72 YEARS
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
4. SHAKEERA W/O BASHEER AHAMAD AGED ABOUT 67 YEARS. 5. SHAKEELA BEGUM D/O BASHEER AHAMAD AGED ABOUT 40 YEARS. 6. SHAPRUDDIN S/O BASHEER AHAMAD
AGED ABOUT 39 YEARS. 7. AKTHAR JAN S/O LATE MAHAMAD HANEEF AGED ABOUT 66 YEARS. 8. NAZEER AHAMAD S/O LATE MAHAMAD HANEEF AGED ABOUT 62 YEARS. 9. HASEENA BEGUM W/O NAZEER AHAMAD AGED ABOUT 57 YEARS. 10. SIRAJ UNNISA W/O LATE NOOR AHAMAD AGED ABOUT 52 YEARS. 11. HASEENA BANU D/O LATE NOOR AHAMAD AGED ABOUT 29 YEARS. 12. YASMEEN, D/O LATE NOOR AHAMAD
AGED ABOUT 27 YEARS
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
13. NASREEN D/O LATE NOOR AHAMAD AGED ABOUT 25 YEARS. 14. KAREEMA D/O LATE NOOR AHAMAD AGED ABOUT 22 YEARS. 15. SHIREEN TAJ W/O GULJAR AHAMAD AGED ABOUT 47 YEARS. 16. MOHAMAD MUBARAK S/O.GULJAR AHAMAD AGED ABOUT 32 YEARS R1 TO R16 ARE R/AT BILINANDI MAJARE KEMPALAPURA, KASABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT- 572220. 17. SHIVANANDAIAH S/O LATE HONNA ALAGAIAH AGED ABOUT 63 YEARS R/AT KALLUR VILLAGE KASABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT- 572220. 18. K.H.NETHRAVATHI D/O. LATE HONNA ALAGAIAH AGED ABOUT 49 YEARS R/AT. KALADAL ROAD (KOTE) NEARBY WATER TANK CHIKKAMAGALURU TOWN-577101 …RESPONDENTS (BY SRI.
B R PRABHULINGA MUTHY., ADVOCATE FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
THE ORDER DATED: 05.11.2025 PASSED IN MA NO. 25/2024 VIDE ANNEXURE-G BY THE COURT OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU AND THE ORDER DATED 12.08.2024 ON I.A.II IN O.S.NO.48/2023 VIDE ANNEXURE-E BY THE COURT OF THE ADDL. SENIOR CIVIL JUDGE, JMFC AT GUBBI BY ISSUING A WRIT OF CERTIORARI AND ETC. IN WP NO. 38841/2025 BETWEEN:
IBRAHIM SAB S/O LATE MOHAMMED KHASIM SAB AGED ABOUT 80 YEARS R/AT BILINANDI GRAMA KEMPALAPURA, KADABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT- 572220. ...PETITIONER (BY SRI. RAVI H K.,ADVOCATE) AND:
1. CHAND PASHA S/O LATE ABDUL JABBAR AGED ABOUT 36 YEARS. 2. ABDUL AJEEJ S/O LATE ABDUL JABBAR AGED ABOUT 33 YEARS. 3. BASHEER AHAMAD S/O LATE MOHAMAD HANEEF AGED ABOUT 72 YEARS. 4. SHAKEERA W/O BASHEER AHAMAD AGED ABOUT 67 YEARS. - 5 -
HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
5. SHAKEELA BEGUM D/O BASHEER AHAMAD AGED ABOUT 40 YEARS. 6. SHAPRUDDIN S/O BASHEER AHAMAD
AGED ABOUT 39 YEARS. 7. AKTHAR JAN S/O LATE MAHAMAD HANEEF AGED ABOUT 66 YEARS. 8. NAZEER AHAMAD S/O LATE MAHAMAD HANEEF AGED ABOUT 62 YEARS. 9. HASEENA BEGUM W/O NAZEER AHAMAD AGED ABOUT 57 YEARS. 10. SIRAJ UNNISA W/O LATE NOOR AHAMAD AGED ABOUT 52 YEARS. 11. HASEENA BANU D/O LATE NOOR AHAMAD AGED ABOUT 29 YEARS. 12. YASMEEN D/O LATE NOOR AHAMAD
AGED ABOUT 27 YEARS. 13. NASREEN D/O LATE NOOR AHAMAD AGED ABOUT 25 YEARS. - 6 -
HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
14. KAREEMA D/O LATE NOOR AHAMAD AGED ABOUT 22 YEARS. 15. SHIREEN TAJ W/O GULJAR AHAMAD AGED ABOUT 47 YEARS. 16.
MOHAMAD MUBARAK S/O.GULJAR AHAMAD AGED ABOUT 32 YEARS R1 TO R16 ARE R/AT BILINANDI MAJARE KEMPALAPURA, KASABA HOBLI GUBBI TALUK, TUMAKURU DISTRICT- 572220. 17. SHIVANANDAIAH S/O LATE HONNA ALAGAIAH AGED ABOUT 63 YEARS R/AT KALLUR VILLAGE KASABA HOBLI, GUBBI TALUK TUMAKURU DISTRICT- 572220. 18. K.H.NETHRAVATHI D/O. LATE HONNA ALAGAIAH AGED ABOUT 49 YEARS R/AT. KALADAL ROAD (KOTE) NEARBY WATER TANK CHIKKAMAGALURU TOWN-577101 …RESPONDENTS (BY SRI. B R PRABHULINGA MUTHY., ADVOCATE FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:05.11.2025 PASSED IN MA NO. 20/2024 VIDE ANNEXURE-G BY THE COURT OF THE VI ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU AND
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
THE ORDER DATED: 29.06.2024 ON IA VII IN OS NO. 48/2023 VIDE ANNEXURE-E COURT OF THE SENIOR CIVIL JUDGE, GUBBI BY ISSUING A WRIT OF CERTIORARI AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In these writ petitions, the petitioners sought for the following relief/s:
IN W.P.No.38737/2025
“a) Quash the order dated 05.11.2025 passed in Μ.Α.Νο.25/2024 vide Annexure-G by the Court of the VI Additional District & Sessions Judge, Tumakuru and the order dated 12.08.2024 on I.A.II in O.S.No.48/2023 vide Annexure-E by the Court of the Additional Senior Civil Judge and JMFC at Gubbi by issuing a Writ of Certiorari; b) Consequently, allow I.A.II filed by the petitioner in O.S.No.48/2023;
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
c) Grant such other and further reliefs in the interest of justice and equity.
IN W.P.No.38841/2025 a) Quash the order dated Μ.Α.Νο.20/2024 vide Annexure-G by the Court of the VI Additional District & Sessions Judge, Tumakuru and the
order dated 29.06.2024 on I.A.VII in O.S.No.48/2023 vide Annexure-E Court of the Senior Civil Judge, Gubbi by issuing a Writ of Certiorari; b) Consequently, reject I.A.VII filed by the respondents in O.S.No.48/2023; c) Grant such other and further reliefs in the interest of justice and equity.”
2. The petitioner-plaintiff in W.P.No.38737/2025 has filed a suit for declaration and possession in O.S.No.48/2023. Along with the plaint, he has filed I.A.No.II under Order XXXIX Rule 1 and 2 seeking temporary injunction. The Trial Court by order dated 12.08.2024 rejected the said application. Being aggrieved
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
by the same, the petitioner-plaintiff has filed an appeal before the VI Additional District and Sessions judge, Tumakuru (hereinafter referred to as ‘First Appellate Court’ for short) in Miscellaneous Appeal No.25/2024. The First Appellate Court by impugned order dated 05.11.2025 dismissed the appeal by confirming the order passed by the Trial Court on 12.08.2024. Being aggrieved by the same, the petitioner is before this Court in W.P.No.38737/2025.
3. Thereafter, defendant Nos.2 to 15, 17 to 20 in W.P.No.38841/2025, filed I.A.VII under Order XXXIX Rules 1 and 2 of CPC restraining the plaintiff from interfering with peaceful possession and agriculture activities over the counter claim schedule property i.e. agriculture land bearing Sy.No.68, New Sy.No.103 measuring 3 Acres 6 guntas including 3 guntas of Kharab Land, situated at Bilinandi Village, Kadaba Hobli, Gubbi Taluk, Tumkuru District. The Trial Court by order dated 29.06.2024 allowed the application. Being aggrieved by the same, the
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HC-KAR NC: 2026:KHC:14087 WP No. 38737 of 2025 C/W WP No. 38841 of 2025
plaintiff filed an appeal before the First Appellate Court in M.A.No.20/2024. The First Appellate Court by impugned
order dated 05.11.2025 dismissed the appeal and confirmed the order passed by the Trial Court on
29.06.2024. Being aggrieved by the same, the petitioner- plaintiff is before this Court in W.P.No.38841/2025.
4. This Court by
order dated 30.01.2026 in W.P.No.38737/2025 directed the parties to maintain status-quo in all respects as on that day (30.01.2026) in relation to suit schedule properties. Since, the suit is of the year 2023 and now matter is set down for evidence of the parties, in the interest of justice, the status-quo order passed by this Court is continued till the disposal of the said suit.
5. Accordingly, following order is passed: a) The writ petitions are disposed of. b) The impugned orders dated 05.11.2025 passed by the First Appellate Court in M.A.No.25/2024 and 20/2024, respectively as well as the orders dated
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12.08.2024 and 29.06.2024 passed by the Trial Court on I.A.No.II and I.A.No.VII, respectively are hereby modified to the effect that the parties are
directed to maintain status-quo in respect of the suit schedule property till disposal of the suit. c) The Trial Court is directed to dispose of the suit as expeditiously as possible, within an outer limit of six months from the date of receipt of certified copy of this order. d) The parties are directed to cooperate for early disposal of the suit.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA List No.: 1 Sl No.: 37