Disposed¶49

B G Praveen Kumar v. B G Santhosh Kumar

Karnataka HC2 Jul 2025WP/15498/2020

Case brief

AI extract

What is this about?

temporary injunction; status quo; permanent injunction suit; Order 39 Rule 1 and 2 CPC; writ of certiorari; GM-CPC; registered gift deed; possession; disposal of writ petition; interim order continuation; Belur; Civil Judge & JMFC; Senior Civil Judge appellate dismissal; MA No.7/2020; OS No.202/2019; intra-family property dispute; no opinion on impugned orders; suit to be decided on merits.

What did the court decide?

Writ petition disposed of; parties directed to maintain status quo till disposal of the suit with regard to possession over the suit schedule property (interim order dated 23.12.2020 continued); no order as to costs; pending I.A.Nos.1 and 2 of 2025 disposed of. ¶49

B G Praveen Kumar Vs B G Santhosh Kumar — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the temporary injunction order dated 22.01.2020 passed on IA No.III in OS No.202/2019 (and the appellate judgment dated 18.02.2020 in MA No.07/2020 affirming it) should be quashed/set aside and IA No.III dismissed, as prayed by the petitioner. +1 more

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Court's answer

The Court expressly did not express any opinion on the findings recorded under the impugned orders; the Trial Court shall consider the pending suit and dispose of it in accordance with law.

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Ratio / Principle

The ends of justice would be met by continuing the interim order dated 23.12.2020 till disposal of the suit, causing no prejudice to the respondent; accordingly the petition is disposed of and the parties are directed to maintain status quo till disposal of the suit with regard to possession over the suit schedule property.

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Key takeaways

In view of disposal of the writ petition, pending I.A.Nos.1 and 2 of 2025 are disposed of.ratio¶57-58

Detailed headnote1 paragraphs

High Court of Karnataka (Vijaykumar A. Patil, J.), W.P. No. 15498 of 2020 (GM-CPC), decided 02.07.2025: In a suit for permanent injunction (OS No.202/2019, Civil Judge & JMFC, Belur) founded on a registered gift deed dated 25.9.2007, where the Trial Court had granted temporary injunction on IA No.III dated 22.01.2020 under Order 39 Rule 1 and 2 CPC and the defendant's appeal (MA No.7/2020) was dismissed on 18.02.2020 with concurrent findings of prima facie case and possession, the writ petition was disposed of by continuing the Court's interim status quo order dated 23.12.2020 till disposal of the suit; the parties were directed to maintain status quo regarding possession over the suit schedule property. The Court expressly refrained from expressing any opinion on the findings under the impugned orders, leaving the Trial Court to decide the suit on merits in accordance with law; pending I.A.Nos.1 and 2 of 2025 were disposed of; no order as to costs.

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NC: 2025:KHC:23501 WP No. 15498 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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WRIT PETITION NO. 15498 OF 2020 (GM-CPC)

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BETWEEN:

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B. G. PRAVEEN KUMAR S/O LATE B M GURAPPA AGED ABOUT 58 YEARS R/AT ANUGATTA VILALGE AREHALLI HOBLI, BELUR TLAUK 573115

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…PETITIONER

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Digitally signed by RUPA V Location: High Court of karnataka

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(BY SRI K.C. SHANTHAKUMAR, ADVOCATE)

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AND:

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B. G. SANTHOSH KUMAR S/O LATE B M GURAPPA AGED ABOUT 55 YEARS R/AT ANUGATTA VILLAGE AREHALLI HOBI, BELUR TALUK 573115

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…RESPONDENT (BY SRI. A RAVISHANKAR, A/W SMT H.C. LOKESHWARI ADVOCATES)

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THIS W.P. IS FILED PRAYING TO-QUASH/SET ASIDE THE ORDER PASSED ON IA NO.III DTD 22.01.2020 PASSED IN OS 202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC, BELUR AND CONSEQUENTLY ORDER/JUDGMENT DTD 18.02.2020 PASSED IN MA 07/2020 BY THE COURT OF SENIOR CIVIL JUDGE, BELUR VIDE ANNX-F AND H.DISMISS IA NO.III DTD 22.01.2020 PASSED IN OS NO.202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC, BELUR.GRANT AN INTERIM ORDER PENDING CONSIDERATION OF

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2 - NC: 2025:KHC:23501 WP No. 15498 of 2020

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HC-KAR

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THE ABOVE W.P. TO STAY OPERATION OF ORDER DTD 22.01.2020 PASSED ON IA NO.III IN OS NO.202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC, BELUR TILL THE DISPOSAL OF THE ABOVE W.P.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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This petition is filed seeking the following reliefs:

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"i) Issue a writ of certiorari or any other writ or order to quash/set aside the order passed on I.A.No.III dated 22.01.2020 passed in OS No.202/2019 by the Court of Civil Judge & JMFC, Belur and consequently, order/Judgment dated 18.02.2020 passed in MA 07/2020 by the Court of Senior Civil Judge, Belur vide Anenxure-F and H,

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ii) Dismiss IA No.III dated 22.01.2020 passed in OS 202/2019 by the Court of Civil Judge & JMFC, Belur.

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iii) Grant such other or further relief deems fit to grant in the circumstance of the case, in the interest of justice."

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Sri. K C Shanthakumar, learned counsel for the

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petitioner submits that the respondent - plaintiff filed a suit for permanent injunction against the petitioner - defendant. In the said suit, the Trial Court granted temporary injunction, which was challenged by the petitioner in MA No.7/2020, and the Appellate court dismissed the appeal. It is submitted that this

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HC-KAR

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Court in this petition directed the parties to maintain statusquo, and the same is in force and may be continued till disposal of the suit. It is submitted that the parties would lead evidence and cooperate for early disposal. Hence, he seeks to dispose of the writ petition by continuing the interim order granted by this Court till disposal of the suit.

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Per contra, Sri A Ravishankar, learned counsel for the respondent submits that the Trial Court as well as Appellate Court have concurrently recorded the findings that the respondent is in possession of the property based on the gift deed, and there is no merit in the present petition. It is submitted that if the status-quo as ordered by this Court continues till disposal of suit, there is every likelihood that the petitioner may take advantage of the same and try to interfere with the respondent's possession. Hence, he seeks to dismiss the petition.

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I have heard the arguments of the learned counsel for the petitioner, learned counsel for the respondent and meticulously perused the material available on record. I have

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HC-KAR

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given my anxious consideration to the submissions advanced

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on both sides.

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The respondent filed OS No.202/2019 seeking the relief of permanent injunction with regard to the suit schedule property. It is the case of the respondent that his father has executed a registered gift deed dated 25.9.2007, and pursuant to the same, he is in possession and enjoyment of the suit schedule property and petitioner is trying to interfere with his possession.

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The Trial Court, pending consideration of the aforesaid suit, considered the application filed by the respondent under Order 39 Rule 1 and 2 of CPC and by the detailed order granted the order of temporary injunction on 22.1.2020. Being aggrieved, the petitioner filed MA No.7/2020 before the learned Senior Civil Judge, Belur. The said appeal came to be dismissed on 18.2.2020. The Trial Court as well as the Appellate Court have concurrently recorded the clear findings with regard to the prima facie made out by the respondent and he is in possession of the suit schedule property.

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NC: 2025:KHC:23501 WP No. 15498 of 2020

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HC-KAR

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Be that as it may, the Trial Court is required to consider the suit on its merit based on the pleadings and evidence on record. This Court on 23.12.2020 has directed the parties to maintain status-quo till the next date of hearing, and the same is in force till day. I am of the considered view that the ends of justice would be met if the interim order granted by this Court on 23.12.2020 is ordered to be continued till disposal of the suit and no prejudice would be caused to the respondent.

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It is made clear that the Court has not expressed any opinion with regard to the findings recorded under the impugned orders in this petition. The Trial Court shall consider the pending suit and dispose of the same in accordance with law.

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