Karnataka High Court
WP/6785/2024 of SRI G E RUDRASWAMY Vs SRI RAVIKUMAR on 3 September 2026
CNR: KAHC010119112024 NC: 2026:KHC:48055 WP No. 6785 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6785 OF 2024 (GM-CPC) BETWEEN: 1. SRI G E RUDRASWAMY S/O LATE ESHWARAPPA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 6785 OF 2024 (GM-CPC)
BETWEEN:
1.
SRI G E RUDRASWAMY
S/O LATE ESHWARAPPA
AGED ABOUT 56 YEARS
AGRICULTURIST
R/AT SONDEKOLA VILLAGE
KASABA HOBLI
CHITRADURGA TALUK & DISTRICT
…PETITIONER
(BY SRI. MAHESH B J., ADVOCATE)
AND:
1.
SRI RAVIKUMAR
S/O LATE CHANDRAPPA
AGED ABOUT 65 YEARS
RETD GOVERNMENT EMPLOYEE
R/O VISHWESHWARAIAH EXTENSION
OPP. LAND ARMY
KODAIAHNAHATTI ROAD
CHITRADURGA TALUK & DISTRICT.
2.
SRI BASAVARAJAPPA
S/O LATE CHANDRAPPA
AGED ABOUT 63 YEARS
AGRICULTURIST
R/AT SONDEKOLA VILLAGE
KASABA HOBLI
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
3.
SRI NAGARAJAPPA
S/O LATE CHANDRAPPA
AGED ABOUT 62 YEARS
AGRICULTURIST
R/AT SONDEKOLA VILLAGE
KASABA HOBLI
CHITRADURGA TALUK & DISTRICT.
4.
SRI SHIVANNA C
S/O LATE CHANDRAPPA
AGED ABOUT 61 YEARS
AGRICULTURIST
R/AT SONDEKOLA VILLAGE
KASABA HOBLI
CHITRADURGA TALUK & DISTRICT.
5.
SRI KUBENDRAPPA
S/O LATE CHANDRAPPA
AGED ABOUT 59 YEARS
AGRICULTURIST
R/AT SONDEKOLA VILLAGE
KASABA HOBLI
CHITRADURGA TALUK & DISTRICT.
6.
SRI VIJAYAKUMAR C
S/O LATE CHANDRAPPA
AGED ABOUT 57 YEARS
AGRICULTURIST
R/AT SONDEKOLA VILLAGE
KASABA HOBLI
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE ORDER DATED:30.08.23 PASSED BY THE 2ND ADDL
SENIOR CIVIL JUDGE AND JMFC, CHITRADURGA, IN MA NO.
30/23, VIDE ANNEXURE-A AND SET ASIDE THE ORDER DATED:
10.08.23, PASSED BY THE 3RD ADDL. CIVIL JUDGE AND JMFC, CHITRADURGA IN O.S NO. 572/22 VIDE ANNEXURE-B AND
ETC.
HC-KAR
THIS PETITION, COMING ON FOR DISMISSALs, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
The petitioner is before the Court aggrieved by the order passed in I.A.No.1 in O.S.No.572/2022 by the III Additional Civil Judge and JMFC, Chitradurga (hereinafter referred to as ‘Trial Court’ for short), which is affirmed in the appeal, i.e., in M.A.No.30/2023 dated 30.08.2023 by the II Additional Senior Civil Judge and JMFC, Chitradurga (hereinafter referred to as the ‘First Appellate Court’ for short).
2. The petitioner herein has filed a suit for declaration and a mandatory injunction. In that suit, he has filed an I.A. seeking an ad interim injunction. Initially, an ex parte temporary injunction was granted on 18.11.2022. Thereafter, after the defendants filed their written statement and objections, the Trial Court rejected the application, and the First Appellate Court affirmed that rejection.
3. This writ petition is from the year 2024, and it came up for preliminary hearing before this Court in 2026. Hence, this
HC-KAR
Court is not inclined to go into legality or otherwise of the orders passed by the Courts.
4. The learned counsel appearing for the petitioner has drawn the Court's attention to the written statement filed. In the written statement, it is stated that if defendant No.4 has encroached any land belonging to the plaintiff, he is ready to abide by the orders passed by the Trial Court at the time of passing the final judgment and decree, and it is submitted that this fact may be taken into consideration. Considering the submission of the learned counsel, this Court deems it appropriate to pass the following:
ORDER
i. This Court do not interfere with the order impugned. This Court is not expressing any opinion on the merits of the matter, as this order was passed in the year 2023. ii. However, in view of the statement made in the written statement, the said aspect can always be brought to the notice of the trial Court during the course of arguments.
HC-KAR
iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
HA List No.: 1 Sl No.: 15