Full Judgment Text
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NC: 2026:KHC:14087
WP No. 38737 of 2025
C/W WP No. 38841 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 38737 OF 2025 (GM-CPC)
C/W
WRIT PETITION NO. 38841 OF 2025 (GM-CPC)
IN WP No. 38737/2025
BETWEEN:
IBRAHIM SAB
S/O LATE MOHAMMED KHASIM SAB
AGED ABOUT 80 YEARS
R/AT BILINANDI GRAMA
KEMPALAPURA, KADABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT- 572220.
…PETITIONER
(BY SRI. RAVI H K., ADVOCATE)
Digitally signed
by
DHANALAKSHMI
MURTHY
Location: HIGH
COURTOF
KARNATAKA
AND:
1. CHAND PASHA
S/O LATE ABDUL JABBAR
AGED ABOUT 36 YEARS.
2. ABDUL AJEEJ
S/O LATE ABDUL JABBAR
AGED ABOUT 33 YEARS.
3. BASHEER AHAMAD
S/O LATE MOHAMAD HANEEF
AGED ABOUT 72 YEARS
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4. SHAKEERA
W/O BASHEER AHAMAD
AGED ABOUT 67 YEARS.
5. SHAKEELA BEGUM
D/O BASHEER AHAMAD
AGED ABOUT 40 YEARS.
6. SHAPRUDDIN
S/O BASHEER AHAMAD
AGED ABOUT 39 YEARS.
7. AKTHAR JAN
S/O LATE MAHAMAD HANEEF
AGED ABOUT 66 YEARS.
8. NAZEER AHAMAD
S/O LATE MAHAMAD HANEEF
AGED ABOUT 62 YEARS.
9. HASEENA BEGUM
W/O NAZEER AHAMAD
AGED ABOUT 57 YEARS.
10. SIRAJ UNNISA
W/O LATE NOOR AHAMAD
AGED ABOUT 52 YEARS.
11. HASEENA BANU
D/O LATE NOOR AHAMAD
AGED ABOUT 29 YEARS.
12. YASMEEN,
D/O LATE NOOR AHAMAD
AGED ABOUT 27 YEARS
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13. NASREEN
D/O LATE NOOR AHAMAD
AGED ABOUT 25 YEARS.
14. KAREEMA
D/O LATE NOOR AHAMAD
AGED ABOUT 22 YEARS.
15. SHIREEN TAJ
W/O GULJAR AHAMAD
AGED ABOUT 47 YEARS.
16. MOHAMAD MUBARAK
S/O.GULJAR AHAMAD
AGED ABOUT 32 YEARS
R1 TO R16 ARE R/AT BILINANDI MAJARE
KEMPALAPURA, KASABA HOBLI
GUBBI TALUK, TUMAKURU DISTRICT- 572220.
17. SHIVANANDAIAH
S/O LATE HONNA ALAGAIAH
AGED ABOUT 63 YEARS
R/AT KALLUR VILLAGE
KASABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT- 572220.
18. K.H.NETHRAVATHI
D/O. LATE HONNA ALAGAIAH
AGED ABOUT 49 YEARS
R/AT. KALADAL ROAD
(KOTE) NEARBY WATER TANK
CHIKKAMAGALURU TOWN-577101
…RESPONDENTS
(BY SRI. B R PRABHULINGA MUTHY., ADVOCATE FOR
RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
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WP No. 38737 of 2025
C/W WP No. 38841 of 2025
HC-KAR
THE ORDER DATED: 05.11.2025 PASSED IN MA NO.
25/2024 VIDE ANNEXURE-G BY THE COURT OF THE VI
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
TUMAKURU AND THE ORDER DATED 12.08.2024 ON I.A.II
IN O.S.NO.48/2023 VIDE ANNEXURE-E BY THE COURT OF
THE ADDL. SENIOR CIVIL JUDGE, JMFC AT GUBBI BY
ISSUING A WRIT OF CERTIORARI AND ETC.
IN WP NO. 38841/2025
BETWEEN:
IBRAHIM SAB
S/O LATE MOHAMMED KHASIM SAB
AGED ABOUT 80 YEARS
R/AT BILINANDI GRAMA
KEMPALAPURA, KADABA HOBLI
GUBBI TALUK, TUMAKURU DISTRICT- 572220.
...PETITIONER
(BY SRI. RAVI H K.,ADVOCATE)
AND:
1. CHAND PASHA
S/O LATE ABDUL JABBAR
AGED ABOUT 36 YEARS.
2. ABDUL AJEEJ
S/O LATE ABDUL JABBAR
AGED ABOUT 33 YEARS.
3. BASHEER AHAMAD
S/O LATE MOHAMAD HANEEF
AGED ABOUT 72 YEARS.
4. SHAKEERA
W/O BASHEER AHAMAD
AGED ABOUT 67 YEARS.
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5. SHAKEELA BEGUM
D/O BASHEER AHAMAD
AGED ABOUT 40 YEARS.
6. SHAPRUDDIN
S/O BASHEER AHAMAD
AGED ABOUT 39 YEARS.
7. AKTHAR JAN
S/O LATE MAHAMAD HANEEF
AGED ABOUT 66 YEARS.
8. NAZEER AHAMAD
S/O LATE MAHAMAD HANEEF
AGED ABOUT 62 YEARS.
9. HASEENA BEGUM
W/O NAZEER AHAMAD
AGED ABOUT 57 YEARS.
10. SIRAJ UNNISA
W/O LATE NOOR AHAMAD
AGED ABOUT 52 YEARS.
11. HASEENA BANU
D/O LATE NOOR AHAMAD
AGED ABOUT 29 YEARS.
12. YASMEEN
D/O LATE NOOR AHAMAD
AGED ABOUT 27 YEARS.
13. NASREEN
D/O LATE NOOR AHAMAD
AGED ABOUT 25 YEARS.
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14. KAREEMA
D/O LATE NOOR AHAMAD
AGED ABOUT 22 YEARS.
15. SHIREEN TAJ
W/O GULJAR AHAMAD
AGED ABOUT 47 YEARS.
16. MOHAMAD MUBARAK
S/O.GULJAR AHAMAD
AGED ABOUT 32 YEARS
R1 TO R16 ARE R/AT BILINANDI MAJARE
KEMPALAPURA, KASABA HOBLI
GUBBI TALUK, TUMAKURU DISTRICT- 572220.
17. SHIVANANDAIAH
S/O LATE HONNA ALAGAIAH
AGED ABOUT 63 YEARS
R/AT KALLUR VILLAGE
KASABA HOBLI, GUBBI TALUK
TUMAKURU DISTRICT- 572220.
18. K.H.NETHRAVATHI
D/O. LATE HONNA ALAGAIAH
AGED ABOUT 49 YEARS
R/AT. KALADAL ROAD
(KOTE) NEARBY WATER TANK
CHIKKAMAGALURU TOWN-577101
…RESPONDENTS
(BY SRI. B R PRABHULINGA MUTHY., ADVOCATE FOR
RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED:05.11.2025 PASSED IN MA NO.
20/2024 VIDE ANNEXURE-G BY THE COURT OF THE VI
ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU AND
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WP No. 38737 of 2025
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HC-KAR
THE ORDER DATED: 29.06.2024 ON IA VII IN OS NO.
48/2023 VIDE ANNEXURE-E COURT OF THE SENIOR CIVIL
JUDGE, GUBBI BY ISSUING A WRIT OF CERTIORARI AND
ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In these writ petitions, the petitioners sought for the
following relief/s:
IN W.P.No.38737/2025
“a) Quash the order dated 05.11.2025 passed in
Μ.Α.Νο.25/2024 vide Annexure-G by the Court
of the VI Additional District & Sessions Judge,
Tumakuru and the order dated 12.08.2024 on
I.A.II in O.S.No.48/2023 vide Annexure-E by the
Court of the Additional Senior Civil Judge and
JMFC at Gubbi by issuing a Writ of Certiorari;
b) Consequently, allow I.A.II filed by the
petitioner in O.S.No.48/2023;
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c) Grant such other and further reliefs in the
interest of justice and equity.
IN W.P.No.38841/2025
a) Quash the order dated Μ.Α.Νο.20/2024 vide
Annexure-G by the Court of the VI Additional
District & Sessions Judge, Tumakuru and the
order dated 29.06.2024 on I.A.VII in
O.S.No.48/2023 vide Annexure-E Court of the
Senior Civil Judge, Gubbi by issuing a Writ of
Certiorari;
b) Consequently, reject I.A.VII filed by the
respondents in O.S.No.48/2023;
c) Grant such other and further reliefs in the
interest of justice and equity.”
2. The petitioner-plaintiff in W.P.No.38737/2025 has
filed a suit for declaration and possession in
O.S.No.48/2023. Along with the plaint, he has filed
I.A.No.II under Order XXXIX Rule 1 and 2 seeking
temporary injunction. The Trial Court by order dated
12.08.2024 rejected the said application. Being aggrieved
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by the same, the petitioner-plaintiff has filed an appeal
before the VI Additional District and Sessions judge,
Tumakuru (hereinafter referred to as ‘First Appellate Court’
for short) in Miscellaneous Appeal No.25/2024. The First
Appellate Court by impugned order dated 05.11.2025
dismissed the appeal by confirming the order passed by
the Trial Court on 12.08.2024. Being aggrieved by the
same, the petitioner is before this Court in
W.P.No.38737/2025.
3. Thereafter, defendant Nos.2 to 15, 17 to 20 in
W.P.No.38841/2025, filed I.A.VII under Order XXXIX Rules
1 and 2 of CPC restraining the plaintiff from interfering
with peaceful possession and agriculture activities over the
counter claim schedule property i.e. agriculture land
bearing Sy.No.68, New Sy.No.103 measuring 3 Acres 6
guntas including 3 guntas of Kharab Land, situated at
Bilinandi Village, Kadaba Hobli, Gubbi Taluk, Tumkuru
District. The Trial Court by order dated 29.06.2024
allowed the application. Being aggrieved by the same, the
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plaintiff filed an appeal before the First Appellate Court in
M.A.No.20/2024. The First Appellate Court by impugned
order dated 05.11.2025 dismissed the appeal and
confirmed the order passed by the Trial Court on
29.06.2024. Being aggrieved by the same, the petitioner-
plaintiff is before this Court in W.P.No.38841/2025.
4. This Court by order dated 30.01.2026 in
W.P.No.38737/2025 directed the parties to maintain
status-quo in all respects as on that day (30.01.2026) in
relation to suit schedule properties. Since, the suit is of
the year 2023 and now matter is set down for evidence of
the parties, in the interest of justice, the status-quo order
passed by this Court is continued till the disposal of the
said suit.
5. Accordingly, following order is passed:
a) The writ petitions are disposed of .
b) The impugned orders dated 05.11.2025 passed
by the First Appellate Court in M.A.No.25/2024 and
20/2024, respectively as well as the orders dated
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12.08.2024 and 29.06.2024 passed by the Trial
Court on I.A.No.II and I.A.No.VII, respectively are
hereby modified to the effect that the parties are
directed to maintain status-quo in respect of the suit
schedule property till disposal of the suit.
c) The Trial Court is directed to dispose of the suit
as expeditiously as possible, within an outer limit of
six months from the date of receipt of certified copy
of this order.
d) The parties are directed to cooperate for early
disposal of the suit.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
List No.: 1 Sl No.: 37