Karnataka High Court

WP/6785/2024 of SRI G E RUDRASWAMY Vs SRI RAVIKUMAR on 3 September 2026

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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

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