Karnataka High Court

WP/15239/2023 of RAJACHARI Vs RAJEGOWDA on 3 September 2026

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CNR: KAHC010359492023 NC: 2026:KHC:48069 WP No. 15239 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A . PATIL WRIT PETITION NO. 15239 OF 2023 (GM-CPC) BETWEEN: 1. RAJACHARI S/O LATE ANNAIAHCHARI, AGED

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 15239 OF 2023 (GM-CPC)

BETWEEN:

1.

RAJACHARI

S/O LATE ANNAIAHCHARI,

AGED ABOUT 72 YEARS,

R/O MUNDOORU VILLAGE AND POST,

SALIGRAMA HOBLI, K.R. NAGAR TALUK,

MYSURU DISTRICT - 571 602.

2.

KRISHNACHARI

S/O LATE ANNAIAHCHARI,

AGED ABOUT 65 YEARS,

R/O MUNDOORU VILLAGE AND POST,

SALIGRAMA HOBLI,K.R. NAGAR TALUK,

MYSURU DISTRICT - 571 602.

…PETITIONERS

(BY SRI. SYED AKBAR PASHA, ADVOCATE FOR

SRI. MAHANTESH S. HOSMATH, ADVOCATE)

AND:

1.

RAJEGOWDA

S/O LATE NINGEGOWDA,

AGED ABOUT 52 YEARS,

R/O MUNDOORU VILLAGE AND POST,

SALIGRAMA HOBLI,K.R.NAGAR TALUK,

MYSURU DISTRICT - 571 602.

Digitally

signed by

ANNAPURNA

G

Location:

High Court of

Karnataka

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2.

YOGESHA

S/O RAJEGOWDA,

AGED ABOUT 24 YEARS,

R/O MUNDOORU VILLAGE AND POST,

SALIGRAMA HOBLI,

K.R. NAGAR TALUK,

MYSURU DISTRICT - 571 602.

…RESPONDENTS

(BY SRI. P. NATARAJU, ADVOCATE FOR R1 AND R2)

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE

IMPUGNED ORDER PASSED BY THE LEARNED SENIOR CIVIL

JUDGE AND CJM K R NAGARA IN MA NO.06/2022 DATED

27/06/2023 PRODUCED AT ANNEXURE-G TO THE WP AND

FURTHER PLEASE TO CONFIRM THE ORDER PASSED BY THE

LEARNED ADDL CIVIL JUDGE AND JMFC K R NAGARA IN OS NO

348/2021 ORDER ON IA NO1/2021 DATED 26/09/2022

PRODUCED AT ANNEXURE-F TO THE WP AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

This writ petition is filed challenging the order dated 27.06.2023 passed in M.A.6/2022 by the Senior Civil Judge and JMFC, Krishnarajasagara, Mysuru. (hereinafter referred to as 'appellate Court' for short).

2. Heard Sri. Syed Akbar Pasha, counsel appearing on behalf of Sri. Mahantesh S Hosmath, learned counsel for petitioners and Sri. P Nataraj, learned counsel appearing for respondent Nos.1 and 2 and perused the records.

3. The petitioners have filed suit in O.S.No.348/2021 against the respondents herein seeking judgment and decree of permanent injunction. In the said suit, the application for temporary injunction is filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 (for short 'CPC') which came to be allowed by the trial

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Court on 26.09.2022 restraining the defendants from interfering with the possession and enjoyment of the plaint schedule property till disposal of the suit. The defendants assailed the order of granting temporary injunction before the appellate Court in MA.6/2022. The appellate Court vide order dated 27.06.2023 allowed the appeal by setting aside the order dated 26.09.2022 passed in O.S.No.348/2021 by the trial Court.

4. Learned counsel appearing for both sides submits that now the matter is set down for trial and this Court vide order dated 26.07.2023 has ordered the parties to maintain status-quo and the same order is in force till this date and sought to continue the same till disposal of the suit.

5. Considering the aforesaid submission, I am of the view that instead of recording the finding on the correctness of the impugned order, it would be appropriate to dispose of the writ petition by directing the parties to

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maintain status-quo with regard to the aforesaid suit schedule property till disposal of the suit and thereby, the ends of justice would be met.

6. Accordingly, I proceed to pass the following:

ORDER

1. The writ petition stands disposed of.

2. The parties shall maintain status-quo with regard to the possession of the suit schedule property till disposal of the suit. It is made clear that this Court has not expressed any opinion on the merits of the case. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SSD List No.: 1 Sl No.: 34

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