Disposed¶42

Sri M R Shivashankar v. Smt Seethamma

Karnataka HC17 Dec 2025MFA/5440/2025

Case brief

AI extract

What is this about?

Karnataka HC MFA 5440/2025 (CPC), decided 17.12.2025, Hanchate Sanjeevkumar J. Interim injunction (Order 39 Rules 1-2 r/w Sec.151 CPC) appeal under Order 43 Rule 1(r) CPC disposed of with mutual status quo as to possession of suit land in O.S.No.1312/2023 (Prl. Senior Civil Judge, Bengaluru Rural District); genuineness of Land Tribunal order held triable; cross-referenced status quo on revenue entries in W.P.31505/2024 (26.11.2025); trial to conclude within one and a half years.

What did the court decide?

Appeal disposed of with directions: (i) both appellants and respondents to maintain status quo as to possession of the suit land as on the date of the order; (ii) trial Court to expedite the trial and dispose of O.S.No.1312/2023 in accordance with law within one and a half years. ¶42

Sri M R Shivashankar Vs Smt Seethamma — Karnataka HC (2025) — LawSathi Research

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1 - NC: 2025:KHC:54012 MFA No. 5440 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5440 OF 2025 (CPC)

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BETWEEN:

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SRI M R SHIVASHANKAR S/O LATE RAMAIAH, AGED ABOUT 62 YEARS,

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SRI M R MADUSUDHAN S/O LATE RAMAIAH, AGED ABOUT 59 YEARS,

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BOTH ARE RESIDING AT NO.1, RAMAIAH FARMS, 24^TH MAIN ROAD END, JP NAGAR, BANGALORE - 560 078.

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…APPELLANTS

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(BY SRI. VINAYAKA B. VISHNU BATTA, ADVOCATE)

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Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA

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AND:

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SMT SEETHAMMA W/O LATE ARJUNAPPA, AGED ABOUT 75 YEARS, RESIDING AT NO. 601, KAMMANAHALLI MAIN ROAD, DODDAKAMMANAHALLI, KOTTIGERE, BANGALORE - 560 034.

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SMT SUSHEELAMMA W/O LATE RAMAIAH, AGED ABOUT 84 YEARS, RESIDING AT NO.623, 10^TH A MAIN ROAD

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2 - NC: 2025:KHC:54012 MFA No. 5440 of 2025

HC-KAR

JAYANAGAR

BENGALURU - 560 041

SRI M R RAMPRASAD S/O LATE RAMAIAH, AGED ABUT 58 YEARS, RESIDING AT NO.1, RAMAIAH FARMS, 24^TH MAIN ROAD, J P NAGAR, BENGALURU - 560 011.

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M/S RAJA HOUSING LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, OFFICE AT NO. 51, S R ROAD, VISVESWARAPURAM, BENGALURU - 560 004. REPRESENTED BY MANAGING DIRECTOR SRI RAJA DATA.

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…RESPONDENTS

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(BY SRI. K. VIJAYA KUMAR, ADVOCATE FOR C/R1 IN C.P.NO.13909/2025)

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THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.17.06.2025 ON IA NO.1 IN O.S.NO.1312/2023 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.1 FILED U/O.39 RULES 1 AND 2 R/W SEC.151 OF CPC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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3 - NC: 2025:KHC:54012 MFA No. 5440 of 2025

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HC-KAR

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ORAL JUDGMENT

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The appeal is filed by defendant Nos.2 and 3 questioning the order dated 17.06.2025 passed on I.A.No.1 in O.S.No.1312/2023 by the Court of the Principal Senior Civil Judge, Bangalore Rural District, Bengaluru, whereby the application filed under Order XXXIX Rules 1 and 2 of CPC is allowed.

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It is submitted that the plaintiff on which placing a reliance over the Land Tribunal virtually has not been passed. But this fact is disputed by the learned counsel for the respondent/plaintiff. Therefore, whether

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the Land Tribunal has passed the order on which the plaintiff has relied on was actually passed or not, is the question to be considered in the suit before the trial Court.

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This Court in W.P.No.31505/2024 dated 26.11.2025 has passed an order to maintain status quo regarding revenue entries in respect of the land which is the subject matter in the suit and in the writ petition.

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NC: 2025:KHC:54012 MFA No. 5440 of 2025

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HC-KAR

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Therefore, it is submitted that if an order of status quo so far as possession over the suit schedule land is concerned, that would be sufficient and will protect the rights in the suit till disposal of the suit.

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