Karnataka High Court
B G Praveen Kumar vs B G Santhosh Kumar on 2 July, 2025
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WP No. 15498 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 15498 OF 2020 (GM-CPC)
BETWEEN:
B. G. PRAVEEN KUMAR
S/O LATE B M GURAPPA
AGED ABOUT 58 YEARS
R/AT ANUGATTA VILALGE
AREHALLI HOBLI,
BELUR TLAUK 573115
...PETITIONER
Digitally signed
by RUPA V (BY SRI K.C. SHANTHAKUMAR, ADVOCATE)
Location: High AND:
Court of
karnataka
B. G. SANTHOSH KUMAR
S/O LATE B M GURAPPA
AGED ABOUT 55 YEARS
R/AT ANUGATTA VILLAGE
AREHALLI HOBI,
BELUR TALUK 573115
...RESPONDENT
(BY SRI. A RAVISHANKAR, A/W SMT H.C. LOKESHWARI
ADVOCATES)
THIS W.P. IS FILED PRAYING TO-QUASH/SET ASIDE THE
ORDER PASSED ON IA NO.III DTD 22.01.2020 PASSED IN OS
202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC, BELUR AND
CONSEQUENTLY ORDER/JUDGMENT DTD 18.02.2020 PASSED IN
MA 07/2020 BY THE COURT OF SENIOR CIVIL JUDGE, BELUR VIDE
ANNX-F AND H.DISMISS IA NO.III DTD 22.01.2020 PASSED IN OS
NO.202/2019 BY THE COURT OF CIVIL JUDGE AND JMFC,
BELUR.GRANT AN INTERIM ORDER PENDING CONSIDERATION OF
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WP No. 15498 of 2020
HC-KAR
THE ABOVE W.P. TO STAY OPERATION OF ORDER DTD 22.01.2020
PASSED ON IA NO.III IN OS NO.202/2019 BY THE COURT OF CIVIL
JUDGE AND JMFC, BELUR TILL THE DISPOSAL OF THE ABOVE
W.P.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This petition is filed seeking the following reliefs:
"i) Issue a writ of certiorari or any other writ or
order to quash/set aside the order passed on
I.A.No.III dated 22.01.2020 passed in OS
No.202/2019 by the Court of Civil Judge &
JMFC, Belur and consequently, order/Judgment
dated 18.02.2020 passed in MA 07/2020 by
the Court of Senior Civil Judge, Belur vide
Anenxure-F and H,
ii) Dismiss IA No.III dated 22.01.2020 passed in
OS 202/2019 by the Court of Civil Judge &
JMFC, Belur.
iii) Grant such other or further relief deems fit to
grant in the circumstance of the case, in the
interest of justice."
2. Sri. K C Shanthakumar, learned counsel for the
petitioner submits that the respondent - plaintiff filed a suit for
permanent injunction against the petitioner - defendant. In the
said suit, the Trial Court granted temporary injunction, which
was challenged by the petitioner in MA No.7/2020, and the
Appellate court dismissed the appeal. It is submitted that this
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Court in this petition directed the parties to maintain status-
quo, and the same is in force and may be continued till disposal
of the suit. It is submitted that the parties would lead evidence
and cooperate for early disposal. Hence, he seeks to dispose of
the writ petition by continuing the interim order granted by this
Court till disposal of the suit.
3. Per contra, Sri A Ravishankar, learned counsel for
the respondent submits that the Trial Court as well as Appellate
Court have concurrently recorded the findings that the
respondent is in possession of the property based on the gift
deed, and there is no merit in the present petition. It is
submitted that if the status-quo as ordered by this Court
continues till disposal of suit, there is every likelihood that the
petitioner may take advantage of the same and try to interfere
with the respondent's possession. Hence, he seeks to dismiss
the petition.
4. I have heard the arguments of the learned counsel
for the petitioner, learned counsel for the respondent and
meticulously perused the material available on record. I have
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given my anxious consideration to the submissions advanced
on both sides.
5. The respondent filed OS No.202/2019 seeking the
relief of permanent injunction with regard to the suit schedule
property. It is the case of the respondent that his father has
executed a registered gift deed dated 25.9.2007, and pursuant
to the same, he is in possession and enjoyment of the suit
schedule property and petitioner is trying to interfere with his
possession.
6. The Trial Court, pending consideration of the
aforesaid suit, considered the application filed by the
respondent under Order 39 Rule 1 and 2 of CPC and by the
detailed order granted the order of temporary injunction on
22.1.2020. Being aggrieved, the petitioner filed MA No.7/2020
before the learned Senior Civil Judge, Belur. The said appeal
came to be dismissed on 18.2.2020. The Trial Court as well as
the Appellate Court have concurrently recorded the clear
findings with regard to the prima facie made out by the
respondent and he is in possession of the suit schedule
property.
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7. Be that as it may, the Trial Court is required to
consider the suit on its merit based on the pleadings and
evidence on record. This Court on 23.12.2020 has directed the
parties to maintain status-quo till the next date of hearing, and
the same is in force till day. I am of the considered view that
the ends of justice would be met if the interim order granted by
this Court on 23.12.2020 is ordered to be continued till disposal
of the suit and no prejudice would be caused to the respondent.
8. It is made clear that the Court has not expressed
any opinion with regard to the findings recorded under the
impugned orders in this petition. The Trial Court shall consider
the pending suit and dispose of the same in accordance with
law.
9. In view of the aforementioned reason, I proceed to
pass the following:
ORDER
i) The petition is disposed of;
ii) The parties are directed to maintain status-quo till
disposal of the suit with regard to possession over the suit
schedule property.
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No order as to costs.
In view of disposal of the writ petition, pending I.A.Nos.1
and 2 of 2025 are disposed of.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BKM
