IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

MISCELLANEOUS FIRST APPEAL NO.8405 OF 2025 (CPC)

BETWEEN:

1. S. PUNDAREESHA REDDY S/O LATE L.SRIKANTA REDDY,

AGE BOUT 56 YEARS

R/A. NO. 164, NEAR GOVT. SCHOOL,

SEETHARAMAPLAYLA,

MAHADEVAPURA, BENGALURU - 560 048.

2. S.PANKAJA

D/O LATE L.SRIKANTA REDDY

AGE ABOUT 54 YEARS

R/A. NO. 193, CELEBRATE ROAD,

NEAR PAVAN TRAVELS,

DOODATOGURU, BENGALURU – 560 048.

3. S. PUSHPA

Digitally

D/O LATE L.SRIKANTA REDDY,

signed by

RAMYA D AGE ABOUT 52 YEARS

Location: R/A. NO. 88-A, THIPPA REDDY HOUSE,

HIGH PUTTAPPA MUTT ROAD,

COURT OF

NEAR NEW THIPPASANDRA MARKET,

KARNATAKA

NEW THIPPASANDRA, HAL 3^RD STAGE,

BENGALURU – 560 075.

4. S. ASHOK KUMAR,

S/O LATE L.SRIKANTA REDDY

AGE ABOUT 48 YEARS,

R/A SARITHA SPLENDOR,

LSR APARTMENT, BASAVANAGAR,

HOODI ROAD, BENGALURU – 560 048

…APPELLANTS (BY SRI. B RAMESH, ADVOCATE)

AND:

1. S.C.NARAYANA REDDY S/O LATE PATEL CHIKKAPPAIAH REDDY AGE ABOUT 82 YEARS R/A SETHARAMAPALYA SONNENAHALLI, BANGALORE – 560 048.

2. S.C. GANESH REDDY S/O LATE PATEL CHIKKANNAIAH REDDY AGE ABOUT 73 YEARS R/A. NO. 55. ARUNODAYA NILAYA, SEETHARAMAPALYA, SONNENAHALLI, BENGALURU – 560 048.

…RESPONDENTS (BY SRI. RAGHVENDRA.C, ADVOCATE FOR C/R1 AND R2)

THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.27.10.2025 PASSED ON I.A.NO.1 IN O.S.NO. 7080/2025 ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCCH.11), ALLOWING IA NO. 1 FILED U/O.39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

THIS APPEAL, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

The appeal is filed by the defendant Nos.1 to 4 questioning the order dated 27.10.2025 passed by the Court of VI Addl. City Civil & Sessions Judge at Bengaluru City (CCH.11) in O.S.No.7080/2025 on I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC, thereby, allowed the application and granted the order of temporary injunction against the defendants.

2. The plaintiffs have filed the suit for a relief of declaration that the plaintiffs have right of easementary of way over the suit schedule 'A' property and for a consequential relief of permanent injunction emanating from the document of partition deed of the year 1970. The said pleading is opposed by the defendants by filing the written statement and learned counsel for the appellants/defendants submitted that whatever eastmentary right of the plaintiffs is only at the width of 6 feet and only upto the well and not beyond the well and also shall not be stretching the wideness of the pathway. But this is disputed by the counsel for the plaintiffs/respondents.

3. The trial court has granted an order of temporary injunction against the defendants restraining them from digging, obstructing, encroaching upon or causing any kind of damage to the suit schedule ‘A’ property and from causing obstruction or interfering with the eastmentary rights of the plaintiffs over the suit schedule ‘A’ property.

4. Upon perusal of the documents placed by both sides, particularly the partition deed of the years 1970 and 1999, it is evident that prima facie the right of pathway available to the plaintiffs is only upto the well and beyond that is a question for trial whether the easementary is extended beyond the well or not? Further it is submitted that the width of the pathway/road is reserved only 6 feet wide, but it is alleged that now the existing path way is 25 feet width, therefore submitted that the temporary injunction granted shall be as if it is decreeing the suit. Therefore, prays for interference with the order passed by the trial court.

5. Upon considering the controversy involved in the case, the order of temporary injunction is needed to be modified, which are as follows:

(1) As of now, the plaintiffs can exercise the right of easementary till the well is situated.

(2) Beyond the well the plaintiffs as on today, shall not claim right