SRI. GOOLIGOWDA. G v. SMT. PUTTAMADAMMA

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 23273 OF 2025 (GM-CPC) BETWEEN: SRI. GOOLIGOWDA. G S/O LATE GOOLIGOWDA, AGED ABOUT 39 YEARS, R/AT ARECHAKANAHALLI VILLAGE, C A KERE HOBLI, MADDUR TALUK, MANDYA DISTRICT 571422 (BY SRI. GANAPATHI M A.,ADVOCATE) AND:

SMT. PUTTAMADAMMA W/O LATE CHIKKEGOWDA, AGED ABOUT 71 YEARS,

SRI LINGARAJU S/O LATE CHIKKEGOWDA, AGED ABOUT 49 YEARS, …PETITIONER BOTH ARE RESIDENT OF ARECHAKANAHALLI VILLAGE, C A KERE HOBLI, MADDUR TALUK - 571422 …RESPONDENTS (BY SRI.SUNIL S. RAO, ADVOCATE FOR C/R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 30/06/2025 IN M.A. NO. 23/2025 PASSED BY THE COURT OF THE SENIOR CIVIL JUDGE AT MADDUR, AS PER ANNEXURE-A TO THE WRIT PETITION AND TO RESTORE THE ORDER DATED 24/04/2025 IN O.S NO.358/2024 PASSED BY THE COURT OF THE PRL. CIVIL JUDGE AND JMFC AT MADDUR, IN I.A. NO. 1. B M Location: High Court of Karnataka - 2 - NC: 2026:KHC:6758 WP No. 23273 of 2025 HC-KAR THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.358/2024 on the file of the Principal Civil Judge and JMFC, Maddur (for short “the Trial Court”), is directed against the impugned order dated 30.06.2025 passed in M.A.No.23/2025 by the Senior Civil Judge, Maddur (for short “the First Appellate Court”), whereby the appeal filed by the respondents-defendants against the order dated 24.04.2025 passed on I.A.No.1 for temporary injunction was allowed by the First Appellate Court, which set aside the order of temporary injunction passed by the Trial Court in favour of the petitioner against the respondents.

2. Heard learned counsel for the petitioner and learned counsel for respondent No.2 and perused the material on record.

Though several contentions have been urged by both sides in support of their respective claims, having regard to the various contentious issues and disputed questions of law and fact that arise for consideration in the suit, which would necessarily - 3 - NC: 2026:KHC:6758 WP No. 23273 of 2025 HC-KAR have to be decided by the Trial Court only after a full-fledged trial, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the Trial Court to dispose of the suit on merits, as expeditiously as possible, without being influenced by the findings and observations recorded in the order of the Trial Court and the impugned order passed by the First Appellate Court. In addition thereto, parties are directed to maintain status quo in all respects, as on today, including revenue records, in respect of the suit schedule property till disposal of the suit before the Trial court. 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. The Trial Court is directed to dispose of the suit as expeditiously as possible and at any rate, within a period of six months from the date of receipt of a copy of this order.