Sri Venkatesha v. Sri Raju

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12794 OF 2026 (GM-CPC)

BETWEEN:

1. SRI VENKATESHA S/O LATE RANGAIAH AGED ABOUT 68 YEARS

2. SRI KIRAN S/O SRI VENKATESHA AGED ABOUT 25 YEARS

BOTH ARE R/OF BORIKOPLU VILLAGE KARADAHALLI POST DEVVALAPURA HOBLI NAGAMANGALA TALUK MANDYA DISTRICT-571445. …PETITIONERS (BY SRI. DHANANJAYA C P., ADVOCATE) AND:

1. SRI RAJU S/O LATE JAVARAIAH AGED ABOUT 55 YEARS

2. SRI RAMESH S/O LATE JAVARAIAH AGED ABOUT 49 YEARS

SRI BORAIAH S/O ARASAIAH SINCE DEDA BY LRS

Location: HIGH COURTOF KARNATAKA NC:(2026:KHC:22236( WP(No.(12794(of(2026( ( , ,,HC-KAR( ( ( ,

3., SMT,LAKSHMAMMA, W/O,LATE,BORAIAH,, AGED,ABOUT,49,YEARS, ,

4., SRI,RAVI,, S/O,LATE,BORAIAH,, AGED,ABOUT,34,YEARS, ,

5., SRI,RAMU, , S/O,LATE,BORAIAH,, AGED,ABOUT,34,YEARS, ,

6., SRI,JAVARAIAH, S/O,ARASAIAH,, AGED,ABOUT,63,YEARS, , ALL,ARE,R/OF,BORIKOPLU,VILLAGE, KARADAHALLI,POST, DEVVALAPURA,HOBLI, NAGAMANGALA,TALUK, MANDYA,DISTRICT-571445., …RESPONDENTS, (BY,SRI.T,HAREESH,KUMAR.,,ADVOCATE,FOR,C/R1,&,R6), , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE, A,WRIT,OF,CERTIORARI,,TO,QUASH,THE,ORDER,DATED,27-02-2026,,PASSED,BY,THE,LEARNED,I,ADDL,SENIOR,CIVIL,JUDGE, AND, JMFC, NAGAMANGALA,, IN, MISCELLANEOUS, APPEAL., NO.18/, 2025,, (ANNEXURE-D), ON, AN, APPLICATION, FILED, IN, OS.NO., 319/2025, UNDER, ORDER, 39, RULE, 1, AND, 2, R/W, SECTION,151,OF,THE,CIVIL,PROCEDURE,CODE,AND,ETC., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1In this writ petition, the petitioners/defendants have called in question the judgment dated 27.02.2026 passed by the I Additional Senior Civil Judge and JMFC, Nagamangala (hereinafter referred to as the "First Appellate Court") in M.A.No.18/2025, whereby the First Appellate Court set aside the order dated 03.09.2025 passed by the Civil Judge and JMFC, Nagamangala (hereinafter referred to as the "Trial Court") on I.A.No.1 in O.S.No.319/2025 and granted a temporary injunction.

¶2For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in the original suit.

¶3The plaintiffs instituted a suit in O.S.No.319/2025 seeking the relief of permanent injunction. Along with the plaint, the plaintiffs filed an application under Order XXXIX

Rules 1 and 2 of the CPC. Upon service of summons, the defendants entered appearance and filed their written statement. After hearing the parties, the Trial Court, by order dated 03.09.2025, dismissed the said application. Aggrieved thereby, the plaintiffs preferred M.A.No.18/2025 before the First Appellate Court. The First Appellate Court, by the impugned judgment dated 27.02.2026, allowed the appeal and granted an order of temporary injunction. Aggrieved by the said judgment, the present writ petition is filed.

¶4The specific case of the plaintiffs is that they purchased the suit schedule property under a sale deed dated 29.11.1939. In support of their claim, they have also produced RTC extracts standing in their name even prior to the filing of the suit. On the other hand, the defendants have not produced any documents except a sale deed dated 14.07.1939 and have not placed any

material in rebuttal to the RTC extracts produced by the plaintiffs.

¶5Having regard to the material on record, and in view of the fact that the plaintiffs have established a prima facie case and that the balance of convenience lies in their favour, the First Appellate Court was justified in allowing the appeal and granting an order of temporary injunction.

¶6This Court finds no error or irregularity in the impugned order passed by the First Appellate Court. The writ petition is devoid of merit and is liable to be dismissed.

¶7Accordingly, the writ petition is dismissed.

¶8However, considering that the suit is of the year 2025 and is now set down for evidence, the Trial Court is directed to dispose of the suit as expeditiously as possible, and in any event, within a period of six months from the

date of receipt of a copy of this order. Both parties shall co-operate for early disposal of the suit.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM LIST NO.: 1 SL NO.: 29