Sri Basavarajappa Vs Sri Nagaraj — Writ and Judicial Review | Karnataka HC (2026)

Sri Basavarajappa Vs Sri Nagaraj — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of: Trial Court directed to dispose of suit O.S.No.399/2024 expeditiously and in any event within four months of receiving a copy of the order, without being influenced by the findings and observations in both earlier orders; all rival contentions left open; no opinion expressed on merits.

Issue for consideration

Whether several contentious issues and disputed questions of law and facts arise in the suit between the parties such that they can be decided only after a full-fledged trial, bearing on whether the appellate temporary-injunction order should be disturbed on merits. +1 more

Court's answer

Several contentious issues and disputed questions of law and facts arise for consideration in the suit between the parties, which necessarily have to be decided only after a full-fledged trial.

Ratio / Principle

Without expressing any opinion on the merits/demerits of the rival contentions, the petition is disposed of by directing the Trial Court to dispose of the suit in O.S.No.399/2024 expeditiously, and at any rate within four months from the date of receipt of a copy of the order.

Key takeaways

The Trial Court is to dispose of the suit without being influenced by the findings and observations recorded in both the earlier orders.ratio¶41
All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed by this Court on the merits/demerits of the rival contentions.ratio¶46

Detailed headnote1 paragraphs

Writ Petition (Articles 226 & 227, GM-CPC) filed by eleven petitioners-defendants against the order dated 06.09.2025 of the Prl. Senior Civil Judge and JMFC, Bhadravathi in M.A.No.9/2025, whereby the First Appellate Court allowed the respondent-plaintiff's appeal and passed an order of temporary injunction in his favour against the petitioners-defendants. Observing that several contentious issues and disputed questions of law and facts arise in the suit which would necessarily have to be decided only after a full-fledged trial, the High Court (S.R. Krishna Kumar, J.), without expressing any opinion on the merits or demerits of the rival contentions, disposed of the petition by directing the Trial Court to dispose of the suit in O.S.No.399/2024 as expeditiously as possible and at any rate within four months from the date of receipt of a copy of the order, without being influenced by the findings and observations recorded in both the orders; all rival contentions were kept/left open.

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NC: 2026:KHC:5450 WP No. 33449 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33449 OF 2025 (GM-CPC)

BETWEEN:

SRI BASAVARAJAPPA S/O HANUMANTHAPPA AGED ABOUT 50 YEARS

SRI. KARIBASAPPA S/O HANUMANTHAPPA AGED ABOUT 50 YEARS

SRI MAHESHA S/O MARTHAPPA AGED ABOUT 50 YEARS

SRI KRISHNAPPA S/O NAGAPPA AGED ABOUT 45 YEARS

Digitally signed by CHANDANA B M Location: High Court of Karnataka

SRI. PRABHAKARA S/O SANGAPPA AGED ABOUT 45 YEARS

SRI. MANJA S/O KRISHNAPPA AGED ABOUT 38 YEARS

SRI ASHOKA S/O BASAPPA AGED ABOUT 48 YEARS

SRI VENKATESHA S/O ESHWARAPPA AGED ABOUT 50 YEARS

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NC: 2026:KHC:5450 WP No. 33449 of 2025

HC-KAR

SRI THIMMESHWARA S/O YOGESHA AGED ABOUT 45 YEARS

SRI. GANGAMMA W/O BASAVANNAPPA AGED ABOUT 60 YEARS

SRI. PARASHURAMA S/O BASAVANNAPPA AGED ABOUT 60 YEARS

APPELLANT NOS.1 TO 11 ARE RESIDING AT KANASINAKATTE VILLAGE HOLEHONNUR HOBLI BHADRAVATHI THALUK SHIVAMOGGA DISTRICT – 577 227

…PETITIONERS

(BY SRI. MANJUNATH R.P., ADVOCATE) AND:

SRI NAGARAJ S/O LATE LINGARAJAPPA AGED ABOUT 53 YEARS AGRICULTURALIST R/O JAMBARGATTE VILLAGE HOLEHONNURU HOBLI BHADRAVATHI THALUK SHIVAMOGGA DISTRICT – 577 227

…RESPONDENT

(BY SRI.SUHAS B SEPPANNAVAL, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06.09.2025 ONE PASSED BY THE PRL. SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI IN M.A.NO.9/2025 FOUND AT ANNX-A TO THE WRIT PETITION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:5450 WP No. 33449 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition is directed against the impugned order dated 06.09.2025 passed in M.A.No.9/2025 whereby the First Appellate Court allowed the appeal filed by the respondent-plaintiff and passed an order of temporary injunction in favour of the respondent-plaintiff against the petitioners-defendants.

Heard learned counsel for the petitioners and learned

counsel for the respondent and perused the material on record.

A perusal of the material on record will indicate that several contentious issues and disputed questions of law and facts arise for consideration in the suit between the parties, which would necessarily have to be decided only after a full-fledged trial.

Under these circumstances without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the Trial Court to dispose of the suit in O.S.No.399/2024 as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this order without being influenced by the findings and observations recorded in both the orders

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NC: 2026:KHC:5450 WP No. 33449 of 2025

HC-KAR

All rival contentions on all aspects of the matter are

kept/left open and no opinion is expressed on merits/demerits of the rival contentions.

Subject to the aforesaid observations and directions, the petition stands disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

SV

List No.: 2 Sl No.: 103