SRI. SHIVAIAH vs SRI. SHIVAIAH @ YELE SHIVANNA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57807
WP No. 31558 of 2019
CNR: KAHC010222692019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 31558 OF 2019 (GM-CPC)
BETWEEN:
1. SRI. SHIVAIAH
S/O DEVAIAH @ DYAVAIAH
AGED ABOUT 61 YEARS
2. SRI KUMAR @ DHANAPAL
S/O MALAIAH
AGED ABOUT 44 YEARS
3. SRI SWAMY @ SOMASHEKAR
S/O MALAIAH
AGED ABOUT 31 YEARS
4. SRI HARISHKUMAR
S/O SHIVAIAH
AGED ABOUT 37 YEARS
5. SRI VISHANATH
S/O SHIVAIAH
AGED ABOUT 35 YEARS
6. SRI MAHALINGA
S/O SHIVAIAH
AGED ABOUT 31 YEARS
ALL ARE R/O MAADIHALLI
VILLAGE AND HOBLI
BELUR TALUK , HASSAN DISTRICT-573201.
…PETITIONERS
(BY SRI. HARISH KUMAR .M.S, ADVOCATE FOR P1;
SRI. SUMANTH L. BHARADWAJ, ADVOCATE FOR R2 TO R6)
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 2 -
HC-KAR
NC: 2026:KHC:57807
WP No. 31558 of 2019
CNR: KAHC010222692019
AND:
1. SRI. SHIVAIAH
@ YELE SHIVANNA
S/O JAVARAIAH
AGED ABOUT 57 YEARS
2. SRI M S JAGADEESH
S/O SHIVAIAH
AGED ABOUT 33 YEARS
3. SRI M S LOKESH
S/O SHIVAIAH
AGED ABOUT 29 YEARS
4. SRI SHIVANNA @ SHIVAIAH
S/O LATE SRI DYAVAIAH
AGED ABOUT 45 YEARS
5. SRI MOHANKUMAR
S/O SHIVANNA @ SHIVAIAH
AGED ABOUT 19 YEARS
6. SRI SHIVAKUMAR
S/O LATE HAVALAIAH
AGED ABOUT 26 YEARS
ALL ARE R/O MAADIHALLI VILLAGE AND HOBLI
BELUR TALUK, HASSAN DISTRICT-573201
…RESPONDENTS
(BY SRI. SANTOSH S. GOGI, ADVOCATE FOR C/R1;
SRI. N. SHANKARANARAYANA BHAT, ADVOCATE FOR R4
AND R6;
R2, R3 AND R5 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DATED 03.08.2018 PASSED BY THE COURT OF THE
CIVIL JUDGE AND JMFC, BELUR IN O.S.NO.164/2018 WHEREBY
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 3 -
HC-KAR
NC: 2026:KHC:57807
WP No. 31558 of 2019
CNR: KAHC010222692019
IN INTERIM APPLICATION NUMBERED AS I.A.NO.2 THAT FILED
BY THE PETITIONERS HERIEN UNDER ORDER 39 RULE 1 AND 2
OF THE CODE OF CIVIL PROCEDURE IS DISMISSED,
ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Captioned petition is filed by the petitioners/
plaintiffs assailing the order dated 03.08.2018 passed by
the Court of the Civil Judge and JMFC, Belur, in
O.S.No.164/2018, whereby the application filed under
Order XXXIX Rules 1 and 2 of the Code of Civil Procedure,
1908, seeking an order of temporary injunction came to
be rejected. The said order has been affirmed by the
Appellate Court vide order dated 27.06.2019 passed in
M.A.No.25/2018.
2. The petitioners, having instituted a suit for bare
injunction simpliciter, sought the protection of an order of
temporary injunction pending disposal of the suit. The Trial
Court, upon consideration of the material placed on
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 4 -
HC-KAR
NC: 2026:KHC:57807
WP No. 31558 of 2019
CNR: KAHC010222692019
record, declined to grant the relief sought by order dated
03.08.2018. The Appellate Court, on re-appreciation of the
material on record, has affirmed the said order. It is
relevant to note that the suit was instituted in the year
2018 and this Court is seized of the matter in the year
2026, while the petitioners have yet to secure an order of
temporary injunction from either of the Courts below.
3. This Court, exercising supervisory jurisdiction
under Article 227 of the Constitution of India, is not
expected to substitute its own view for that of the Courts
below merely because another view may be possible.
Interference with concurrent orders declining temporary
injunction would be warranted only where the exercise of
jurisdiction by the Courts below suffers from patent
illegality, material irregularity, perversity or a failure to
exercise jurisdiction vested in them. In the present case,
no such infirmity or perversity is demonstrated in the
orders impugned. In the absence of any jurisdictional
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 5 -
HC-KAR
NC: 2026:KHC:57807
WP No. 31558 of 2019
CNR: KAHC010222692019
error warranting interference, this Court would not be
justified in re-appreciating the prima-facie material on
record as though exercising appellate jurisdiction.
4. During the pendency of this writ petition, this
Court, noticing that the proceedings before the Trial Court
had remained stalled despite there being no order of stay
in the present proceedings, called for an explanation from
the learned Trial Judge. In response, the learned Trial
Judge has submitted a report stating that the proceedings
in the suit had remained stalled on account of an interim
order passed in W.P.No.4081/2022, which came to be
disposed of on 25.11.2025.
5. The learned Trial Judge has further reported that
none of the parties had brought to the notice of the Trial
Court the disposal of W.P.No.4081/2022. The report,
therefore, indicates that the proceedings could not be
resumed on account of the subsistence of the interim
order in the said writ petition, and that the parties had
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 6 -
HC-KAR
NC: 2026:KHC:57807
WP No. 31558 of 2019
CNR: KAHC010222692019
failed to apprise the Trial Court of its disposal. The fact
remains that the suit, instituted in the year 2018, has not
progressed as expected. The petitioners, who instituted
the suit seeking the equitable relief of injunction, are
expected to diligently prosecute the proceedings and take
necessary steps to secure an expeditious adjudication of
their claim.
6. The learned Trial Judge is directed to resume the
proceedings in O.S.No.164/2018 and proceed with the suit
in accordance with law. The parties shall extend their
cooperation for expeditious disposal of the suit. If the
plaintiffs exhibit any further lack of diligence or indulge in
conduct resulting in avoidable delay, the Trial Court shall
be at liberty to pass appropriate orders in accordance with
law.
In view of the foregoing discussion, this Court finds
no merit in the writ petition. Accordingly, the writ petition
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
- 7 -
HC-KAR
NC: 2026:KHC:57807
WP No. 31558 of 2019
CNR: KAHC010222692019
dismissed
stands , thereby affirming the orders passed by
the trial Courts.
Ordered accordingly.
Digitally Signed By:
SACHIN SHANKAR MAGADUM
Verified
(SACHIN SHANKAR MAGADUM)
JUDGE
NBM
List No.: 1 Sl No.: 11