Sri.Kalappa Vs the Pdo — Writ and Judicial Review | Karnataka HC (2026)

Sri.Kalappa Vs the Pdo — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both writ petitions disposed of subject to directions: trial Court to decide suit O.S.No.327/2018 on merits within 6 months of receipt of copy of order, uninfluenced by findings/observations in the impugned orders; both parties to maintain status quo as on today vis-a-vis the suit schedule property until disposal of the suit; all contentions kept open. Cost of petition not stated as awarded.

Issue for consideration

Whether, in O.S.No.327/2018, the interim temporary-injunction outcome (trial Court's rejection of petitioner-plaintiff's I.A.No.1 and grant of respondents-defendants' I.A.No.4, as sustained on appeal) should continue to govern the suit schedule property notwithstanding unresolved disputes in the pending suit. +1 more

Court's answer

Until disposal of the suit by the trial Court, both parties shall maintain status quo in all respects as on today in relation to the suit schedule property.

Ratio / Principle

Both petitions are disposed of, directing the trial Court to dispose of suit O.S.No.327/2018 on merits within 6 months from receipt of a copy of the order, without being influenced by the findings and observations recorded in the impugned orders of the trial Court and First Appellate Court.

Key takeaways

All rival contentions and all aspects of the matter are kept open; no opinion is expressed on the merits or demerits of the rival contentions.obiter¶53

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), single-judge Oral Order by Justice S.R.Krishna Kumar, 06.02.2026 (NC: 2026:KHC:7243): Two Article 227 writ petitions (WP Nos.919 & 930 of 2023, GM-CPC) by Kalappa s/o Late Sanjeevaiah against the PDO and Secretary, Kalari Kavala Grama Panchaythi, arising from O.S.No.327/2018 (Additional Civil Judge & JMFC, Magadi), a suit for permanent injunction with a defendants' counter claim. The trial Court had rejected the plaintiff's temporary-injunction application I.A.No.1 and allowed the defendants' I.A.No.4; both plaintiff's appeals (MA 6/2022 and 7/2022 before the Additional Senior Civil Judge & JMFC, Magadi) were dismissed on 08.12.2022. Finding several contentious issues and disputed questions of law and fact fit only for full-fledged trial, and without expressing any opinion on merits, the Court disposed of both petitions directing disposal of the suit within 6 months, uninfluenced by the impugned orders' findings, and directed both parties to maintain status quo in all respects as on today regarding the suit schedule property until disposal of the suit; all contentions kept open.

1 -

NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 919 OF 2023 (GM-CPC)

C/W

WRIT PETITION NO. 930 OF 2023 (GM-CPC)

IN WP No. 919/2023

BETWEEN:

SRI.KALAPPA S/O LATE SANJEEVAIAH AGED ABOUT 70 YEARS, R/AT HOSAPALYA VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-571112

…PETITIONER

(BY SRI. SUHAS H.S.,ADVOCATE)

AND:

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

THE PDO KALARI KAVALA GRAMA PANCHAYTHI HOSAPALYA KASABA HOBLI MAGADI TALUK RAMANAGARA DISTRICT-571112

THE SECRETARY

KALARI KAVALA GRAMA PANCHAYTHI KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-571112

…RESPONDENTS

(BY SRI. N. SRIDHAR & SMT. N. ROOPA, ADVOCATES FOR R1 & R2)

2 - NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023

HC-KAR

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1951 PRAYING TOORDER SETTING ASIDE THE ORDER DATED ORDER DATED 08.12.2022 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,AT MAGADI IN MA NO.6/2022 VIDE ANNEXUER-A.AN ORDER DISMISSING THE IA NO.4 FILED BY THE RESPONDENTS IN OS.NO.327/2018 DTD 19.2.2022 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, AT MAGADI IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-E1.COST OF THE PETITION.

IN WP NO. 930/2023

BETWEEN:

SRI. KALAPPA S/O LATE SANJEEVAIAH AGED ABOUT 72 YEARS R/AT HOSAPALYA VILLAGE KASABA HOLBI, MAGADI TALUK RAMANAGARA DISTRICT- 571 112

...PETITIONER

(BY SRI. SUHAS H.S.,ADVOCATE)

AND:

THE PDO KALARI KAVALA GRAMA PANCHAYATHI HOSAPALYA, KASABA HOBLI MAGDI TALUK RAMANAGARA DISTRICT- 571 112

THE SECRETARY KALARI KAVALA GRAMA PANCHAYTHI KASABA HOBLI, MAGDI TALUK RAMANAGARA DISTRICT- 571 112

...RESPONDENTS

(BY SRI. N. SRIDHAR & SMT. N.ROOPA ,ADVOCATES FOR R1 & R2)

3 - NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023

HC-KAR

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1951 PRAYING TOSETTING ASIDE THE ORDER DATED 08.12.2022 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,AT MAGADI IN MA NO.07/2022 VIDE ANNEXUREA.DISMISSING THE IA NO.1 FILED BY THE RESPONDENTS IN OS.NO.327/2018 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, AT MAGADI IN THE INTEREST OF JUSTICE AND EQUITY VIDE ANNEXURE-E1 DTD 19.2.2022.

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN B - GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

Both these petitions arise out of a suit in O.S.No.327/2018 filed by the petitioner-plaintiff on the file of the Additional Civil Judge and JMFC, Magadi.

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

A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the respondents-defendants, who have also

4 - NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023

HC-KAR

filed a counter claim against the petitioner-plaintiff in the suit, who is contesting the counter claim filed by the respondentsdefendants. In the said suit, the petitioner-plaintiff filed an application I.A.No.1 for temporary injunction while the respondents - defendants filed I.A.No.4 also for temporary injunction against the petitioner.

By the impugned orders, the trial Court rejected I.A.No.1 filed by the petitioner-plaintiff and allowed I.A.No.4 filed by the respondents-defendants. Aggrieved by the impugned orders passed on I.A.Nos.1 and 4, the petitioner-plaintiff filed two appeals, which were dismissed by the First Appellate Court. Aggrieved by the impugned orders passed by the trial Court and First Appellate Court, the petitioner-plaintiff is before this Court by way of the present petitions.

Though several contentions have been urged by both sides in support of their respective claims, there exist several contentious issues and disputed questions of law and fact that arise for consideration between the parties in the suit, which would necessarily have to be adjudicated upon only after a full-fledged trial. Under these circumstances, without expressing any opinion

5 - NC: 2026:KHC:7243 WP No. 919 of 2023 C/W WP No. 930 of 2023

HC-KAR

on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of both the petitions directing the trial Court to dispose of the suit on merits within a period of 6 months from the date of receipt of a copy of this order without being influenced by the findings and observations recorded in the impugned orders passed by the trial Court and First Appellate Court.

It is further directed that till disposal of the suit by the trial Court as stated supra, both parties shall maintain status quo in all respects as on today in relation to the suit schedule property till disposal of the suit.

All rival contentions and all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions.

Subject to the aforesaid directions, both petitions stand disposed of.

Sd/(S.R.KRISHNA KUMAR) JUDGE

MDS

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