IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MS. JUSTICE TARA VITASTA GANJU

WRIT PETITION NO. 14849 OF 2021 (GM-CPC)

BETWEEN:

1. SRI. RAMACHANDRAIAH

S/O LATE LAKSHMAIAH AGED ABOUT 53 YEARS

R/AT "SIDDESHWARA NILAYA"

5TH CROSS, 1ST MAIN

SARASWATHIPURAM BADAVANE

TUMKUR.

2. SRI. NATARAJU @ ONIDA NATARAJU

AGED ABOUT 58 YEARS

R/AT GANDHINAGAR, 1ST MAIN,

(OPP: TO HUT HOTEL OWNER HOUSE)

TUMAKURU.

…PETITIONERS

(BY SRI. NAGARAJA S, ADVOCATE)

AND:

Digitally signed by S SRI. MOHAMMED ILIYAS AHMED

NOORUNNISABEGUM

W/O LAE ABDUL KHAYUM

Location: Hig h Court

of Karnataka AGED ABOUT 53 YEARS

R/AT MADHINA AUTOMOBILES

B H ROAD, TUMAKURU DIST. - 572 201

…RESPONDENT

(BY SRI. VASUDHA H.R, ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE

CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.07.12.208 PASSED BY THE PRL. CIVIL JUDGE AND JMFC-I AT TUMAKURU, IN O.S.NO.475/2017 AND THE IMPUGNED ORDER PASSED BY THE PRL. CIVIL JUDGE (SR.DVN) AND CJM, TUMKUR, DTD. 03.01.2020 IN M.A.NO.8/2019 AS PER ANNX-E

AND F RESPECTIVELY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition has been filed seeking to challenge the order dated 03.01.2020 in M.A No.8/2019 captioned Annexure-F, passed by the III Additional Senior Civil Judge, Tumkur (hereinafter referred to as "Impugned Order"). By the Impugned Order, the learned Appellate Court has upheld an order dated 07.12.2018 passed by the learned Trial Court, which order granting an injunction to the respondent/plaintiff under Order 39 Rules 1 and 2 CPC in terms of his application-IA No.1.

2. Learned counsel for the parties submit that, the petitioner and the defendant appearing before the learned Trial Court own properties which are adjacent to each other. They further submit that their limited grievance is qua an observation made by the Trial Court in paragraph 15 of the Order dated 07.12.2018 which in essence says that, the dispute between the parties revolves round the identification of the suit property and, for deciding the said question, evidence is required.

3. This Court by its order dated 09.11.2021 has passed a direction to maintain status quo as regards the nature of the suit property till the next date of hearing. This interim order is continued till today.

4. Learned counsel for the petitioners submits that, since there is no dispute qua his property which is site No.8 bearing Municipal Katha No.483/483/3275 at Batawadi B.H.Road, North Division, Valmikinagara, Tumkur, however, the issue is for site No.7. It is submitted that the petitioner will be filing an appropriate application before the Trial Court for praying to demarcate the suit property and he may be granted liberty to do so.

5. Given that the dispute in the present case revolves round the identification of the suit property and the finding of the Trial Court, the contention of the petitioner is also accepted by the respondent.

6. Accordingly, the petitioner is permitted to withdraw the present petition with liberty to file appropriate proceedings before the Trial Court within four weeks from today. For the foregoing reasons, the order of status quo passed by this Court on 09.11.2021 shall remain in force for a period of four weeks from today.

7. This petition is disposed of in the following terms. All pending applications stand closed.

Digitally signed by TARA

VITASTA GANJU Location: High Court of Karnataka (TARA VITASTA GANJU)

JUDGE rs List No.: 1 Sl No.: 39