GIRIMALLAPPA S/O VEERAYYA MATHPATI vs SHRISHAIL S/O GANGAPPA MAGAARI AND ORS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11417
WP No. 200832 of 2023
CNR: KAHC030015082023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
WRIT PETITION NO. 200832 OF 2023 (GM-CPC)
BETWEEN:
GIRIMALLAPPA S/O VEERAYYA MATHPATI,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O GUNADAL, TQ. BABALESHWAR,
DIST. VIJAYAPURA.
…PETITIONER
(BY SRI. NARENDRA M. REDDY, ADVOCATE)
AND:
1. SHRISHAIL S/O GANGAPPA MAGAARI,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O GUNADAL VILLAGE, TQ. BABALESHWAR,
DIST. VIJAYAPURA.
2. MALLAPPA S/O GANGAPPA MAGAARI,
AGE: 48 YEAR OCC: AGRICULTURE,
R/O GUNADAL, TQ. BABALESHWAR,
DIST. VIJAYAPURA.
3. DHAREPPA S/O GANGAPPA MAGAARI,
AGE: 46 YEARS, OCC: AGRICULTURE,
R/O GUNADAL, TQ. BABALESHWAR,
DIST. VIJAYAPURA.
4. BASAPPA S/O GANGAPPA MAGAARI,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O GUNADAL VILLAGE, TQ. BABALESHWAR,
DIST. VIJAYAPURA.
Digitally signed
by
SHIVALEELA
D UDAGI
Location: HIGH
COURT OF
KARNATAKA
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5. PARAPPA S/O YALLAPPA MAGAARI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O GUNADAL VILLAGE, TQ. BABALESHWAR,
DIST. VIJAYAPURA.
6. SMT. KASTURIBAI
W/O ARJUN GANGAPPA MAGAARI,
AGE: 41 YEARS, OCC: HOUSEHOLD WORK,
R/O GUNADAL VILLAGE, TQ. BABALESHWAR,
DIST. VIJAYAPURA.
…RESPONDENTS
(BY SRI. VINAYAK APTE, ADVOCATE FOR R1 & R5;
NOTICE TO R2, R3, R4 AND R6 SERVED BUT
UN-REPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE WRIT IN THE NATURE OF THE CERTIORARI THEREBY
QUASHING THE IMPUGNED JUDGMENT DATED 07.09.2022 IN
M.A.NOS. 32/2022 AND 31/2022 PASSED BY THE LEARNED III
ADDL. SENIOR CIVIL JUDGE, AND JMFC, VIJAYAPURA VIDE
ANNEXURE-J AND K, 2) ISSUE WRIT IN THE NATURE OF
MANDAMUS THEREBY CONFIRM THE ORDER ON I.A. NO.II
DATED 07.07.2022 PASSED BY THE LEARNED V ADDL. CIVIL
JUDGE, VIJAYAPURA FILED BY THE PETITIONER IN O.S.
NO.351/2022 VIDE ANNEXURE-F AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN “B” GROUP THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
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ORAL ORDER
This Writ Petition is filed seeking the following reliefs:
“i) Issue a Writ in the nature of the certiorari
thereby quashing the impugned Judgment dated
07.09.2022 in M.A.Nos.32/2022 and 31/2022 passed
by the learned III Addl. Senior Civil Judge and JMFC,
Vijayapura vide Annexure-J and K in the interest of
justice and equity.
ii) Issue Writ in the nature of Mandamus thereby
confirm the order on I.A. No.II dated 07.09.2022
passed by the learned V Addl. Civil Judge, Vijayapura
filed by the petitioner in O.S. No.351/2022 vide
Annexure-F.
iii) Issue any other suitable Writ or order or direction
which the Hon’ble Court may deems fit in the
circumstances of the case, as stated above, in the
interest of justice and equity.”
2. The Petitioner being the Plaintiff has filed
O.S.No.351/2022 before the Vth Additional Civil Judge at
Vijayapura, against the Respondents/Defendants herein for the
relief of declaration that the Petitioner/Plaintiff is absolute
owner of Sy. No.56/1, measuring 04 acres 11 guntas of land
situated at Gundal Village, including the house property
situated therein. The Petitioner/Plaintiff herein also sought a
declaration that he has the right of way to reach Sy. No. 56/1,
and sought a decree for permanent injunction restraining the
Respondents/Defendants from causing obstruction and
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interfering with his peaceful possession and enjoyment of Sy.
No. 56/1, and from obstructing the construction of the
farmhouse undertaken by him.
3. The Petitioner-Plaintiff filed an application in IA No.
I and IA No. II, under Order 39 Rule 1 and 2 CPC R/w Section
151 of the CPC along with the suit filed seeking temporary
injunction. The Respondents/Defendants filed objections to the
application and opposed granting a temporary injunction. On
the other hand, the Respondents-Defendants also filed an
application in I.A. No. III under Order XXXIX Rule 1 and 2 R/w
Sec.151 of CPC, seeking temporary injunction restraining the
Petitioner/Plaintiff from constructing a building in the suit
subject land, i.e., Sy. No.56/1, 56/2/A/2 and Sy. No.56/2C of
Gunadal Village, till the disposal of the suit. The
Petitioner/Plaintiff filed objections to the application filed by the
Respondents/Defendants in I.A. No. III.
4. The Trial Court, after hearing the Plaintiff and the
Defendants, by order dated 07.07.2022, allowed the
applications filed by the Petitioner/Plaintiff in I.A. Nos. I and II
and rejected I.A. No. III filed by the Defendants, thereby
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restraining the Respondents/Defendants from obstructing the
Plaintiff from using the land “ABCD” in suit land Sy.No.56/1.
The Trial Court further restrained the Respondents/Defendants
from obstructing the Petitioner/Plaintiff from constructing a
house on Sy.No.56/1, measuring 4 acres 11 guntas of land
situated at Gunadal Village, till the disposal of the suit. The
Court rejected the application in IA No.3 filed by the
Respondents/Defendants. The Respondents/Defendants herein
preferred M.A. No.31/2022 before the III Addl. Senior Civil
Judge and JMFC, Vijayapura (for short, ‘the Appellate Court’),
assailing the order passed by the Trial Court dated 07.07.2022
on I.A. No.3. Similarly, the Respondents/Defendants filed
M.A.No.32 of 2022 assailing the order dated 07.07.2022 passed
by the Trial Court on IA No.2.
5. The Appellate Court, by order dated 07.09.2022,
having regard to the contentions advanced by the respective
parties, allowed M.A.No.31/2022 by setting aside the order on
IA.No.3 by the V Additional Civil Judge, Vijayapura, in
O.S.No.351/2022 dated 07.07.2022. The Appellate Court
directed both parties to maintain status-quo in respect of the
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suit schedule property to avoid further complications and to co-
operate with the Trial Court for speedy disposal of the suit. The
Appellate Court further allowed M.A.No.32/2022 by order dated
07.09.2022, setting aside the order passed by the Vth
Additional Civil Judge, Vijayapura, in O.S.No.351/2022 dated
07.07.2022. The instant Writ Petition challenges the orders
passed by the Appellate Court in M.A.No.31/2022 and
M.A.No.32/2022, dated 07.09.2022.
6. The learned counsel appearing for the
Petitioner/Plaintiff and the learned counsel appearing for the
Respondents/Defendants in unanimity submit that the status-
quo order granted by the Appellate Court may be continued till
the disposal of the suit and the parties be relegated to
approach the Trial Court seeking early disposal of the suit.
7. As the learned counsels appearing for both the
parties have submitted that the status-quo order be continued
till the disposal of the suit, the said submission made by the
learned counsel for the Petitioner/Plaintiff and the learned
counsel for the Respondents/Defendants is placed on record,
and the Writ Petition is disposed of, reserving liberty to both
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the parties to approach the Trial Court seeking early disposal of
the suit.
Ordered accordingly.
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
AMA,MSR
List No.: 1 Sl No.: 14
CT:SI