Full Judgment Text
- 1 -
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 26634 OF 2024 (GM-CPC)
BETWEEN:
1. SRI ESHWAR SHETTY P.,
S/O LATE PATA KRISHNAIAH SHETTY,
AGED ABOUT 81 YEARS,
R/O DEVANUR MAIN ROAD,
GANESH BAKERY, VIJAYANAGARA
TUMAKUR TALUK AND DIST. – 572 102.
2. SRI P. RAMANJINEYA SHETTY,
S/O LATE PATA KRISHNAIAH SHETTY,
AGED ABOUT 74 YEARS,
R/A MANGALAVADA VILLAGE,
NIDAGAL HOBLI, PAVAGADA TALUK,
TUMKUR DISTRICT – 572 116.
3. SRI P. VENUGOPALA SHETTY,
S/O LATE PATA KRISHNAIAH SHETTY,
AGED ABOUT 74 YEARS,
R/A MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKUR DISTRICT – 572 116
REPRESENTED BY THEIR SPA HOLDER
SRI MANJUANTHA P.,
S/O ESHWARA SHETTY P.,
AGED ABOUT 46 YEARS
ST
R/A NO.10, 1 CROSS, KANAKANAGAR
PATTEGAR PALYA MAIN ROAD,
BENGALURU – 560 072.
…PETITIONERS
(BY SRI. KESHAV R. AGNIHOTRI, ADVOCATE)
Digitally
signed by
CHANDANA
B M
Location:
High Court of
Karnataka
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NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
AND:
1. PANCHAYAT DEVELOPMENT OFFICER (PDO)
MANGALAVADA VILLAGE PANCHAYATH,
NIDGAL HOBLI, PAVAGADA TALUK,
(AS PER COURT ORDER DT. 10.01.2024)
2. SRI. V. NAGARAJA GUPTHA
S/O LATE P. VISHWANAHA SHETTY
AGED ABOUT 71 YEARS
R/A MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKURU DISTRICT – 572 116
PRESENTLY R/O NO.47,
TH
“SOUNDARYA NILAYA”, 11 CROSS,
TH
5 MAIN, NRUPATHUNGA NAGARA,
N.G.E.F. BENGALURU – 560 072.
3. SRI. B.V. VENKATESH GUPTHA
S/O B. V. VENATACHALAIAH
AGED ABOUT 54 YEARS
MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKURU DISTRICT – 572 116
PRESENTLY R/O NO. 47/35,
TH
GROUND FLOOR, 10 MAIN,
KALAPPA BLOCK, NEAR CAMBRIDGE SCHOOL,
SRINAGARA, BANASHANKARI,
BENGALURU – 560 050.
4. SRI S. BALAJI
S/O T. SATHYANARAYANA GUPTHA
AGED ABOUT 33 YEARS
R/O MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKURU DISTRICT – 572 116
…RESPONDENTS
(BY SRI. LAKSHMIKANTH K., ADVOCATE FOR R4;
VIDE ORDER DATED 28.10.2024, NOTICE TO R1, R2 & R3
ARE DISPENSED WITH)
- 3 -
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE BOTH THE
IMPUGNED ORDER DTD 30.03.2024 PASSED BY THE SR CIVIL
JUDGE AND JMFC PAVAGADA IN OS NO. 122/2023 VIDE ANNX-G
AND ALSO THE IMPUGNED ORDER DTD 16.07.2024 PASSED BY
THE IV ADDL DIST AND SESSION JUDGE TUMAKURU SITTING AT
MADHUGIRI IN MA N. 5010/2024 VIDE ANNX-J THEREBY GRANT
TEMPORARY INJUNCTION AGAINST THE RESPONDENT THUS
ALLOW THE ABOVE WP.
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
In this petition, the petitioners seek the following reliefs:
“i. Call for records in OS No.122/2023 on the file of
the Sr. Civil Judge, Pavagada & also in M.A.No.5010/2024
on the file of IV Addl. District and Sessions Judge,
Tumakuru, sitting at Madugiri.
ii. Pass an appropriate Writ, order or direction in
the nature of CERTIORARI, thereby set aside both the
impugned order dt:30.03.2024 passed by the Sr. Civil Judge
and JMFC, Pavagada in O.S.No.122/2023 vide
ANNEXURE-G and also the impugned order dt.16.07.2024
passed by IV Addl. District and Sessions Judge, Tumakuru,
sitting at Madhugiri, in M.A.No.5010/2024, vide Annexure-J,
thereby grant Temporary Injunction against the Respondents
and thus allow the above Writ Petition.”
2. Heard learned counsel for the petitioners and learned
counsel for the respondents and perused the material on record.
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NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
3. The material on record will indicate that the application
for temporary injunction filed by the petitioners-plaintiffs in
O.S.No.122/2023 was dismissed by the Trial Court vide impugned
Order dated 30.03.2024 and confirmed by the First Appellate Court
in M.A.No.5010/2024 vide impugned Order dated 16.07.2024.
Under these circumstances, I deem it just and appropriate to
dispose of this petition, directing the Trial Court to dispose of the
suit within a period of one year from the date of receipt of a copy of
this order, without being influenced by the findings and
observations recorded in the impugned orders.
4. Insofar as the apprehension of the learned counsel for
the petitioners that the respondents are putting up illegal and
unauthorised construction on the suit schedule property is
concerned, it is needless to state that any construction put up/being
put up by the respondents-defendants on the suit schedule
property would be subject to the final outcome of the suit and the
respondent-defendants would be doing so at their own risk and
cost and they would not claim any equities in this regard and that
the same would be without prejudice to the rights and contentions
of the plaintiffs.
- 5 -
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
Accordingly, subject to the aforesaid directions, the petition
stands disposed of.
All rival contentions on all aspects of the matter are kept/left
open and no opinion is expressed on merits/demerits of the rival
contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 3 Sl No.: 29
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 26634 OF 2024 (GM-CPC)
BETWEEN:
1. SRI ESHWAR SHETTY P.,
S/O LATE PATA KRISHNAIAH SHETTY,
AGED ABOUT 81 YEARS,
R/O DEVANUR MAIN ROAD,
GANESH BAKERY, VIJAYANAGARA
TUMAKUR TALUK AND DIST. – 572 102.
2. SRI P. RAMANJINEYA SHETTY,
S/O LATE PATA KRISHNAIAH SHETTY,
AGED ABOUT 74 YEARS,
R/A MANGALAVADA VILLAGE,
NIDAGAL HOBLI, PAVAGADA TALUK,
TUMKUR DISTRICT – 572 116.
3. SRI P. VENUGOPALA SHETTY,
S/O LATE PATA KRISHNAIAH SHETTY,
AGED ABOUT 74 YEARS,
R/A MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKUR DISTRICT – 572 116
REPRESENTED BY THEIR SPA HOLDER
SRI MANJUANTHA P.,
S/O ESHWARA SHETTY P.,
AGED ABOUT 46 YEARS
ST
R/A NO.10, 1 CROSS, KANAKANAGAR
PATTEGAR PALYA MAIN ROAD,
BENGALURU – 560 072.
…PETITIONERS
(BY SRI. KESHAV R. AGNIHOTRI, ADVOCATE)
Digitally
signed by
CHANDANA
B M
Location:
High Court of
Karnataka
- 2 -
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
AND:
1. PANCHAYAT DEVELOPMENT OFFICER (PDO)
MANGALAVADA VILLAGE PANCHAYATH,
NIDGAL HOBLI, PAVAGADA TALUK,
(AS PER COURT ORDER DT. 10.01.2024)
2. SRI. V. NAGARAJA GUPTHA
S/O LATE P. VISHWANAHA SHETTY
AGED ABOUT 71 YEARS
R/A MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKURU DISTRICT – 572 116
PRESENTLY R/O NO.47,
TH
“SOUNDARYA NILAYA”, 11 CROSS,
TH
5 MAIN, NRUPATHUNGA NAGARA,
N.G.E.F. BENGALURU – 560 072.
3. SRI. B.V. VENKATESH GUPTHA
S/O B. V. VENATACHALAIAH
AGED ABOUT 54 YEARS
MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKURU DISTRICT – 572 116
PRESENTLY R/O NO. 47/35,
TH
GROUND FLOOR, 10 MAIN,
KALAPPA BLOCK, NEAR CAMBRIDGE SCHOOL,
SRINAGARA, BANASHANKARI,
BENGALURU – 560 050.
4. SRI S. BALAJI
S/O T. SATHYANARAYANA GUPTHA
AGED ABOUT 33 YEARS
R/O MANGALAVADA VILLAGE,
NIDGAL HOBLI, PAVAGADA TALUK,
TUMAKURU DISTRICT – 572 116
…RESPONDENTS
(BY SRI. LAKSHMIKANTH K., ADVOCATE FOR R4;
VIDE ORDER DATED 28.10.2024, NOTICE TO R1, R2 & R3
ARE DISPENSED WITH)
- 3 -
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE BOTH THE
IMPUGNED ORDER DTD 30.03.2024 PASSED BY THE SR CIVIL
JUDGE AND JMFC PAVAGADA IN OS NO. 122/2023 VIDE ANNX-G
AND ALSO THE IMPUGNED ORDER DTD 16.07.2024 PASSED BY
THE IV ADDL DIST AND SESSION JUDGE TUMAKURU SITTING AT
MADHUGIRI IN MA N. 5010/2024 VIDE ANNX-J THEREBY GRANT
TEMPORARY INJUNCTION AGAINST THE RESPONDENT THUS
ALLOW THE ABOVE WP.
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
In this petition, the petitioners seek the following reliefs:
“i. Call for records in OS No.122/2023 on the file of
the Sr. Civil Judge, Pavagada & also in M.A.No.5010/2024
on the file of IV Addl. District and Sessions Judge,
Tumakuru, sitting at Madugiri.
ii. Pass an appropriate Writ, order or direction in
the nature of CERTIORARI, thereby set aside both the
impugned order dt:30.03.2024 passed by the Sr. Civil Judge
and JMFC, Pavagada in O.S.No.122/2023 vide
ANNEXURE-G and also the impugned order dt.16.07.2024
passed by IV Addl. District and Sessions Judge, Tumakuru,
sitting at Madhugiri, in M.A.No.5010/2024, vide Annexure-J,
thereby grant Temporary Injunction against the Respondents
and thus allow the above Writ Petition.”
2. Heard learned counsel for the petitioners and learned
counsel for the respondents and perused the material on record.
- 4 -
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
3. The material on record will indicate that the application
for temporary injunction filed by the petitioners-plaintiffs in
O.S.No.122/2023 was dismissed by the Trial Court vide impugned
Order dated 30.03.2024 and confirmed by the First Appellate Court
in M.A.No.5010/2024 vide impugned Order dated 16.07.2024.
Under these circumstances, I deem it just and appropriate to
dispose of this petition, directing the Trial Court to dispose of the
suit within a period of one year from the date of receipt of a copy of
this order, without being influenced by the findings and
observations recorded in the impugned orders.
4. Insofar as the apprehension of the learned counsel for
the petitioners that the respondents are putting up illegal and
unauthorised construction on the suit schedule property is
concerned, it is needless to state that any construction put up/being
put up by the respondents-defendants on the suit schedule
property would be subject to the final outcome of the suit and the
respondent-defendants would be doing so at their own risk and
cost and they would not claim any equities in this regard and that
the same would be without prejudice to the rights and contentions
of the plaintiffs.
- 5 -
NC: 2026:KHC:9185
WP No. 26634 of 2024
HC-KAR
Accordingly, subject to the aforesaid directions, the petition
stands disposed of.
All rival contentions on all aspects of the matter are kept/left
open and no opinion is expressed on merits/demerits of the rival
contentions.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 3 Sl No.: 29