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NC: 2026:KHC:17195 MFA No. 2180 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

MISCELLANEOUS FIRST APPEAL NO.2180 OF 2026 (CPC)

BETWEEN:

SMT. P. N. SUDHA, WIFE OF D.N. PRASAD,

AGED ABOUT 50 YEARS, RESIDING AT NO. 21,

6TH MAIN, KUVEMPUNAGAR,

DODDAKALLASANDRA, BENGALURU - 560062.

…APPELLANT

(BY SMT. SUSHMA NAGRAJ, ADVOCATE)

Digitally signed by MAHALAKSHMI B M Location: HIGH AND:

COURT OF KARNATAKA

1. SRI GOVINDARAJU, S/O LATE LAKSHMINARAYANAPPA,

AGED ABOUT 66 YEARS, RESIDING AT NO. 45,

CHINNAKURCHI VILLAGE, K. GOLLAHALLI POST,

KENGERI HOBLI, BENGALURU SOUTH TALUK,

BENGALURU - 560060.

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NC: 2026:KHC:17195 MFA No. 2180 of 2026

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2. SRI. MANOJ GOWDA M. L., S/O VARALAKSHMI, S/O LAXMI KUMAR,

AGED ABOUT 27 YEARS, RESIDING AT MALATHALLI VILLAGE,

HAMLET OF BETHAMGERE, GANAKAL POST,

BIDADI HOBLI, RAMANAGARA TALUK,

BANGALORE SOUTH DISTRICT- 560060.

…RESPONDENTS

(BY SRI B.N. SUNIL KUMAR, ADVOCATE FOR C/R1 AND R2)

THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, THIS

APPEAL IS PRAYING TO SET ASIDE THE ORDER DATED 23.02.2026 PASSED IN O.S.NO.2527/2025 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,

BENGALURU RURAL AT ANNEXURE - L.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2026:KHC:17195 MFA No. 2180 of 2026

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ORAL JUDGMENT

This Miscellaneous First Appeal is preferred by the

defendant against the order dated 23.02.2026 passed on I.A.Nos.1 and 2 in OS No.2527/2025 (‘the trial Court’ for short). By the impugned order the trial Court allowed the application filed by the plaintiffs under Order XXXIX Rule 1 and 2 of CPC and directed the parties to maintain status

quo over the suit schedule property.

2. The plaintiff instituted a suit OS No.2527/2025

seeking relief of declaration, possession and permanent injunction. Along with suit, application under Order XXXIX Rule 1 and 2 of CPC were filed seeking interim protection. The trial Court by the impugned order granted an

ad-interim status quo order.

3. Learned counsel appearing for the appellant

drawing the attention of this Court to the order sheet in OS No.2527/2025 submits that the appellant had entered

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NC: 2026:KHC:17195 MFA No. 2180 of 2026

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caveat on 15.10.2025 and the appellant's counsel was served with hand summons in the suit and the appellant's counsel appeared before the trial Court on 10.02.2026 and the matter originally stood adjourned to 09.03.2026, but was advanced at the instance of the plaintiffs. Though the advancement application sought listing on 17.02.2026 (Annexure-H), the matter was taken up on 18.02.2026 and thereafter on 20.02.2026 and 21.02.2026 without proper intimation. It is submitted that the trial Court ultimately passed an ex-parte status quo order on 23.02.2026 without hearing the caveator, despite his prior appearance. It is contended that the appellant is the absolute owner in possession of the site Nos.62 and 63 and the core issue involves boundary/title dispute

requiring adjudication on evidence.

4. Per contra, learned counsel appearing for the

respondents/plaintiffs sought to justify the impugned order and contended that the interim protection granted by the

trial Court does not warrant interference.

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NC: 2026:KHC:17195 MFA No. 2180 of 2026

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5. This Court has considered the rival submission

and perused the material on record. The point that arises

for consideration is,

Whether the impugned order of the trial

Court warrants interference?

6. The material on record particularly the order

sheet in OS No.2527/2025 clearly indicates that

(i) The appellant has entered caveat and appeared

before the Court on 10.02.2026.

(ii) The respondents/plaintiffs moved an application

for advancement from 09.03.2026 to 17.02.2026 (Annexure-H). The relevant portion of the advancement

application reads as under:

"The plaintiff above named humbly beg to stat

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