Allowed¶58

Smt Chikkathayamma v. Sri Marigowda

Civil procedure – Temporary injunction

Karnataka HC12 Mar 2026WP/9987/2022

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What is this about?

Karnataka HC (Bengaluru), W.P. No.9987/2022 (GM-CPC), decided 12.03.2026 by Justice Vijaykumar A. Patil. Temporary injunction under Order XXXIX Rules 1 & 2 r/w Section 151 CPC in O.S.No.638/2018; appellate reversal in M.A.No.12/2019 dated 03.03.2021 set aside in writ jurisdiction; interim order of 10.06.2022 continued till disposal of suit; respondents served but unrepresented; no opinion on merits; no costs.

What did the court decide?

Writ petition allowed; judgment dated 03.03.2021 in M.A.No.12/2019 set aside; interim order of 10.06.2022 continued till disposal of the suit; no order as to costs. ¶58

Smt Chikkathayamma Vs Sri Marigowda — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:14903 W.P. No.9987/2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.9987/2022 (GM-CPC)

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BETWEEN:

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SMT. CHIKKATHAYAMMA W/O LATE DEVEGOWDA AGED 73 YEARS.

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Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA

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SRI. Y.D. DEVARAJU S/O LATE DEVEGOWDA AGED 55 YEARS.

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BOTH ARE R/AT Y. YARAHALLI KOTHATHI HOBLI MANDYA TQ - 571478.

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…PETITIONERS

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(BY SRI. AKARSH KUMAR GOWDA, ADV.,)

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AND:

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SRI. MARIGOWDA S/O MILLAPPA @ DEVAIAH AGED 61 YEARS.

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SRI. Y.M. MAHADEVA (NOT AS MANUKUMAR) S/O MARIGOWDAA AGED 32 YEARS.

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SRI. MADHUKUMAR Y.M. S/O MARIGOWDA AGD 28 YEARS.

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NC: 2026:KHC:14903 W.P. No.9987/2022

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HC-KAR

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ALL ARE R/AT Y. YARAHALLI KOTHATHI HOBLI MANDYA TQ -571478.

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…RESPONDENTS

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(R1 TO R3 ARE SERVED BUT UNREPRESENTED)

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THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 03.03.2021 MADE IN MA NO.12/2019 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND CJM MANDYA VIDE ANNEXURE-E & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 challenging the order dated 03.03.2021 passed in M.A.No.12/2019 by the Additional Senior Civil Judge and CJM, Mandya (for short, 'the Appellate Court').

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Sri.Akarsh Kumar Gowda, learned counsel appearing for the petitioners submits that the petitionersplaintiffs have filed a suit against the defendantsrespondents, for permanent injunction on the ground that the defendants are interfering with the peaceful possession

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3 - NC: 2026:KHC:14903 W.P. No.9987/2022

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HC-KAR

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and enjoyment of the suit schedule property. It is submitted that the plaintiffs filed an application for temporary injunction which was considered by the Trial Court and by a detailed order, the defendants were restrained from interfering with the peaceful possession of the plaintiffs over the suit schedule property till the disposal of the suit. It is further submitted that the defendants challenged the order of the Trial Court before the Appellate Court and the Appellate Court reversed the order of the Trial Court and hence, the present petition is filed. It is also submitted that this Court, vide order dated 10.06.2022 continued the interim order granted by the Trial Court and the said order is in force till today. It is contended that if the said order is continued till the disposal of the suit, ends of justice would be met. Hence, he seeks to allow the petition.

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Though the respondents are served, they have not filed any objections.

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NC: 2026:KHC:14903 W.P. No.9987/2022

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HC-KAR

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I have heard the arguments of the learned

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counsel for the petitioners and perused the material available on record.

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The petitioners-plaintiffs filed O.S.No.638/2018 for the relief of permanent injunction. In the said suit, the plaintiffs filed I.A.No.1 under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking for temporary injunction. The Trial Court, considering the rival submissions and taking note of the material on record, allowed the application by restraining the defendants from disturbing the plaintiffs' right over the suit schedule property till the disposal of the suit. The said order of the Trial Court was assailed by the defendants in M.A.No.12/2019. The Appellate Court, vide order dated 03.03.2021, allowed the appeal by setting aside the order of the Trial Court. It is to be noticed that the defendants, though served with the writ petition proceedings, have not appeared. This Court,

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NC: 2026:KHC:14903 W.P. No.9987/2022

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HC-KAR

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vide order dated 10.06.2022, has passed the following

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order:

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"Issue emergent notice to respondents.

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The captioned writ petition is filed by the plaintiffs who have questioned the order of the Appellate Court passed in M.A.No.12/2019 on the file of the Addl. Senior Civil Judge & JMFC, Mandya, vide Annexure-E reversing the order of the learned Trial Judge, granting injunction in favour of petitioners/plaintiffs.

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Learned Senior counsel reiterating the grounds would contend that petitioners/plaintiffs have placed several title documents to make out a prima facie case. He would further point out that the learned Judge referring to this prima facie material has rightly granted interim injunction. The Appellate Court, however, by solely relying on the Khatha has reversed the order and has rejected the application.

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Perused the order under challenge.

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The order of the Appellate Court in reversing the order on I.A.No.1 needs re-consideration.

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In that view of the matter, execution and operation of order dated 03.03.2021 passed in M.A.No.12/2019 is stayed, till the next date of hearing.

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HC-KAR

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The interim order granted by the Trial Court shall continue pending consideration of the writ petition before this Court."

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It is also to be noticed that the aforesaid

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interim order passed by this Court is continued till this day and the suit is pending for adjudication before the Trial Court and the suit is required to be considered in accordance with law. Taking note of the interim order granted by this Court, I am of the view that the interest of justice would be met if the interim order granted by this Court on 10.06.2022 is continued till the disposal of the suit. It is made clear that this Court has not expressed any opinion with regard to the merits of the case. Hence, I proceed to pass the following:

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ORDER

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(i) The writ petition is allowed .

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(ii) The Judgment dated 03.03.2021 passed in

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M.A.No.12/2019 by the Additional Senior Civil Judge and CJM, Mandya, is hereby set aside.

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NC: 2026:KHC:14903 W.P. No.9987/2022

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