Shri Subbanna Vs Prabhuswamy

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING QUASHING THE ORDER ON IA NO.1 DTD 03.01.2022 IN O.S.NO.397/2020 VIDE ANNEXURE-A AND ORDER PASSED IN MA.NO.2/2022 DTD 18.11.2023 ON THE FILE OF THE ADDL.SR.CIVIL JUDGE AND JMFC AT CHAMARAJANAGAR VIDE ANNEXURE-B, BY ALLOWING THE ABOVE WRIT AND ETC.,

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Plaintiffs are before this Court in this writ petition

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filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 03.01.2022 passed on I.A.No.1 in O.S.No.397/2020 by the Court of Additional

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Civil Judge and JMFC, Chamarajanagar and the order dated 18.11.2023 passed in M.A.No.2/2022 by the Court of Additional Senior Civil Judge and JMFC,

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Chamarajanagara.

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Heard the learned counsel for the parties.

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NC: 2025:KHC:54009 WP No. 3883 of 2024

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HC-KAR

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Petitioners herein have filed O.S.No.397/2020 before the Jurisdictional Civil Court, Chamarajanagar with prayers to declare that the construction put up by the defendants on the western side of the plaint B-schedule property is beyond the extent of their assessment register and without obtaining license from the Grama panchayat. Consequential relief of permanent injunction is also sought, restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule B-property. Contesting defendants have entered appearance in the said suit and filed their written statement. I.A.No.1 was filed on behalf of the plaintiffs in O.S.No.397/2020 with a prayer to grant an order of temporary injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit schedule B-property or putting up any construction in the same. The said application was opposed by defendants by filing statement of objections. The Trial Court vide order dated 03.01.2022 rejected

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HC-KAR

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I.A.No.1 subject to certain conditions. Plaintiffs have unsuccessfully challenged the order passed on I.A.No.1 in O.S.No.397/2020 by the Trial Court before the Court of Additional Senior Civil Judge, Chamarajanagar in M.A.No.2/2022 which was dismissed on 18.11.2023. Aggrieved by the aforesaid two orders, plaintiffs are before this Court.

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Perusal of the material record would go to show that B-scheduled property is a strip of land existing between the house of the plaintiffs and the house of the defendants, which is now constructed by them, in compliance of the conditions imposed by the Trial Court while rejecting I.A.No.1. It is not in dispute that defendants have completed construction of their house on the property belonging to them which is situated towards the western side of the plaintiff's property. As stated hereinabove, the suit schedule B-property is a strip of land existing between the house of plaintiffs and the house now constructed by the defendants. It is not in dispute that no

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HC-KAR

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construction has been put-up whatsoever in the B- schedule property either by the plaintiffs or by the defendants.

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It appears that there is a dispute between the two parties over the title and possession of B-schedule property. According to the plaintiffs, the B-schedule property is the setback area left by them whereas the defendants claim that the said property belongs to them. The said aspect of the matter has to be adjudicated in a full-fledged trial in O.S.No.397/2020.

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Be that as it may be, fact remains that as on this date no construction has been put up in the B-schedule property either by the plaintiffs or by the defendants. This Court, while issuing emergent notice to the respondents in this writ petition has directed the parties to maintain status quo in respect of the suit schedule properties. The dispute between the parties appears to be in respect of the B-schedule property which is allegedly the setback area

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NC: 2025:KHC:54009 WP No. 3883 of 2024

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HC-KAR

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existing between the two houses belonging to the plaintiffs and defendants.

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It is brought to the notice of this Court that the suit is at the stage of cross-examination of PW-1. If that is so, if this writ petition is disposed of, directing both the parties to maintain status quo in respect of suit schedule B-Property, till the disposal of the suit, the same would serve the ends of justice. Accordingly, the following:

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ORDER

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(i) The writ petition is disposed of,

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directing the parties to maintain status quo as it exists today in respect of the suit schedule B-property, till the disposal of the suit in O.S.No.397/2020.

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(ii) It is needless to state that the Trial

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Court shall make endeavors to expedite the trial

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and dispose of the suit on merits as expeditiously

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