Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15910 OF 2021 (GM-CPC) BETWEEN: KRISHNAMURTHY R/AT NO. POOJA MIG 143/15A BEHIND BSNL BHAVAN KUVEMPU NAGAR …PETITIONER (BY SMT. SRUTI C CHAGANTI, ADV.) AND:
1. B RANGASWAMY
S/O BETTAPPAGOWDA AGED ABOUT 80 YEARS. Digitally 2. TEJASVI signed by S/O. B. RANGASWAMY NANDINI M S Location: AGED ABOUT 45 YEARS. HIGH COURT OF KARNATAKA BOTH RESIDING AT BHANU THEATRE, B.M. ROAD, HASSAN - 573 201.
3. BHANU THEATRE A FIRM OF PARTNERS REPRESENTED BY ITS PARTNER B RANGASWAMY BM ROAD, HASSAN - 573 201.
4. C.R. JAGADISHA R/AT PRUTVI RAKSHNAPURAM -2- RAVINDRANAGAR …RESPONDENTS (BY SMT. ANAGHA JAYAPRAKASH, ADV., FOR SRI CHALAPATHY AND SRINIVAS, ADVs., FOR R-1 TO R-3; V/O/D 06.09.2021, NOTICE TO R-4 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN M.A.NO.20/2018 ON THE FILE OF THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN.SET ASIDE THE JUDGMENT AND
ORDER DTD. 16.04.2021 PASSED IN M.A.NO.20/2018 BY THE
LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN, PRODUCED HEREWITH AS ANNX-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Defendant no.2 is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 16.04.2021 passed in M.A.No.20/2018 by the Court of Principal Senior Civil Judge & CJM, Hassan.
2. Heard the learned Counsel for the parties.
3. Respondent nos.1 to 3 herein have filed O.S.No.224/2018 before the jurisdictional Civil Court at Hassan, seeking the relief of permanent injunction against defendant nos.1 & 2, who are -3-
brothers, restraining them from interfering with the plaintiff's lawful possession and enjoyment of the suit schedule property which is a theatre. In the said suit, IA no.2 was filed by the plaintiffs under Order XXXIX Rules 1 & 2 of CPC with a prayer to grant an order of temporary injunction restraining the
defendants from interfering with the plaintiff’s peaceful possession and from exhibiting films in the schedule property. The prayer made in IA no.2 was opposed by defendant nos.1 & 2 by filing objections. The Trial Court vide the order dated 19.04.2018 had rejected IA no.2 filed in O.S.No.224/2018, and aggrieved by the same, the plaintiffs had filed M.A.No.20/2018 before the Court of Principal Senior Civil Judge at Hassan and
vide order impugned, M.A.No.20/2018 was allowed and consequently the prayer made in IA no.2 was granted. Aggrieved by the same, defendant no.2 is before this Court.
4. Perusal of the material on record would go to show that
this Court, after hearing both the parties, on 06.09.2021, has passed an interim order directing the petitioner and respondent nos.1 to 3 to maintain status quo as regards the use, occupation and nature of the subject property, and the said -4- interim order has been in operation for the last more than four years.
5. It is brought to the notice of this Court by the learned
Advocates appearing on both sides that the trial in the case has already commenced and the suit is at the stage of recording plaintiffs' evidence. Therefore, I am of the opinion that if this petition is disposed of by extending the order of status quo granted by this Court on 06.09.2021 till the suit is disposed of by the Trial Court on merits, the same would serve the ends of justice. Accordingly, the following order:
6. Writ petition is disposed of with a request to the Trial
Court to expedite the trial and dispose of the suit on merits, as expeditiously as possible. The order of status quo granted by this Court on 06.09.2021 shall continue till the disposal of the suit on its merits by the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KK