Smt. Nagamma Vs Sri. Basavanna — Karnataka HC (2026) — LawSathi Research

Smt. Nagamma Vs Sri. Basavanna — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with directions: (i) trial Court to dispose of O.S. No. 1352/2025 as expeditiously as possible without being influenced by the findings and observations in the impugned orders; (ii) construction by the respondent-defendant on the suit schedule property to be subject to the final outcome of the suit, with no equities claimable by the defendant and without prejudice to the parties' rights and contentions; all contentions left open to be decided by the trial Court in accordance with law. The prayer to allow I.A. No. 1 was not conceded on merits.

Issue for consideration

Whether the Annexure-A order dated 14-11-2025 in M.A. No. 102/2025, confirming dismissal of the plaintiff's temporary injunction application (I.A. No. 1 under Order 39 Rule 1 and 2 read with Section 151 CPC in O.S. No. 1352/2025), should be set aside and I.A. No. 1 allowed.

Court's answer

Without expressing any opinion on the merits/demerits of the rival contentions, the Court disposed of the petition, directing the trial Court to dispose of the suit as expeditiously as possible without being influenced by the findings and observations recorded by the trial Court and first appellate Court in the impugned orders.

Ratio / Principle

Any construction put up or to be put up by the respondent-defendant on the suit schedule property shall be subject to the final outcome of the suit; the respondent-defendant shall not claim any equities in this regard, and the construction shall be without prejudice to the rights and contentions of the parties.

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) filed by the plaintiff in O.S. No. 1352/2025 (I Additional Civil Judge and JMFC, Mysuru) against the order dated 14-11-2025 in M.A. No. 102/2025 passed by the II Additional Senior Civil Judge and CJM, Mysuru, confirming the trial Court's order dated 18-9-2025 dismissing her temporary injunction application (I.A. No. 1 under Order 39 Rule 1 and 2 read with Section 151 CPC). Without expressing any opinion on the merits, the High Court (S.R. Krishna Kumar, J.) disposed of the petition, directing the trial Court to dispose of the suit as expeditiously as possible without being influenced by the findings and observations recorded in the impugned orders; it further directed that any construction put up or to be put up by the respondent-defendant on the suit schedule property shall be subject to the final outcome of the suit, that the defendant shall claim no equities therein, and that such construction shall be without prejudice to the rights and contentions of the parties, leaving all contentions open to be decided by the trial Court in accordance with law.

NC: 2026:KHC:4286 WP No. 38721 of 2025

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 38721 OF 2025 (GM-CPC)

BETWEEN:

SMT. NAGAMMA W/O LATE KRISHNAPPA N, AGED ABOUT 62 YEARS, R/AT DOOR NO. 662, 2ND PHASE, BHOGADI ASHRAYA BADAVANE, RAJAJINAGARA, MYSURU - 570 023.

…PETITIONER

(BY SRI. K. MURTHY, ADVOCATE)

AND:

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

SRI. BASAVANNA S/O LATE MAEGOWDA, AGED ABOUT 62 YEARS, R/AT DOOR NO.516, 2ND PHASE, BHOGADI ASHRAYA BADAVANE, MYSURU - 570 023.

…RESPONDENT

(BY SRI. VINAYA CHANDRA, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES PRAYING TO CALL FOR ENTIRE RECORDS AND SET ASIDE THE ORDER AT ANNEXURE-A ORDER DATED 14-11-2025 IN M.A.NO. 102/2025 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND CJM MYSURU, CONFIRMING THE ORDER DATED 18-9-2025 PASSED ON I.A. NO. 1, UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC IN O.S.NO. 1352/2025, ON THE FILE OF

2 - NC: 2026:KHC:4286 WP No. 38721 of 2025

HC-KAR

1ST ADDITIONAL CIVIL JUDGE AND JMFC AT MYSURU AND ALLOW I.A. NO.1 IN O.S.NO. 1352/2025 BY ALLOWING THIS WRIT PETITION AND PASS SUCH OTHER ORDER/S OR RELIEF/S AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the plaintiff in O.S. No.1352/2025 on the file of the I Additional Civil Judge and JMFC, Mysore is directed against the impugned order dated 18.09.2025 passed by the trial Court dismissing the application for temporary injunction, IA No.1 filed by the petitioner - plaintiff against the respondent - defendant which was confirmed by the first appellate Court in M.A. No.102/2025 which was dismissed vide final order dated 14.11. 2025.

Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

Though several contentions have been urged by both sides in support of their respective claims, without

3 - NC: 2026:KHC:4286 WP No. 38721 of 2025

HC-KAR

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 as expeditiously as possible without being influenced by the findings and observations recorded by the trial Court and first appellate Court in the impugned orders.

It is further directed that any construction put up/to be put up by the respondent - defendant on the suit schedule property shall be subject to the final outcome of the suit and that the respondent - defendant shall not claim any equities in this regard and the said construction shall be without prejudice to the rights and contentions of the parties. Subject to the aforesaid directions and leaving open all contentions to be decided by the trial Court in accordance with law, petition stands disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

YKL List No.: 1 Sl No.: 22