- 1 - NC: 2025:KHC:12142 WP No. 3274 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3274 OF 2025 (GM-CPC) BETWEEN: 1. SMT KARIBASAMMA SINCE DEAD HER LRS SMT MALLAMMA W/O HALAPPA AGED ABOUT 67 YEARS R/O KUPPELUR RANEBENNUR TALUK HAVERI DISTRICT 581119. 2. BASAVARAJAPPA S/O LATE MUDDAPPA AGED ABOUT 65 YEARS R/O CHIKKAMEGALAGERE VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131. 3. RAMILANGAPPA S/O LATE MUDDAPPA AGED ABOUT 60 YEARS R/O CHIKKAMEGALAGERE VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131. 4. HALAMMA W/O KARIBASAPPA AGED ABOUT 58 YEARS R/O TELIGI HARAPANAHALLI TALUK-583137. 5. HEMARAJU S/O LATE MUDDAPPA AGED ABOUT 55 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12142 WP No. 3274 of 2025 R/O CHIKKAMEGALAGERE VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131. 6. GANESH S/O LATE MUDDAPPA AGED ABOUT 55 YEARS R/O CHIKKAMEGALAGERE VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT-583131. …PETITIONERS (BY SMT. AISHWARYA HEGDE M V.,ADVOCATE) AND: 1. SRI CHIKKAPLA CHANNABASAPPA DEAD BY HIS LRS LATE SMT C GANGAMMA W/O SRI.CHKKAPPLA CHANNABASAPPA DIED AND HER LRS ARE ALREADY ON RECORD SMT. GIRIJAMMA W/O SRI. PARAMESHWARAPPA D/O LATE. CHIKKAPLA CHANNABASAPPA AGED ABOUT 73 YEARS R/O ALAGANCHIKERE VILLAGE YADEHALLI POST HARAPANAHALLI TALUK-583131. 2. BASAMMA W/O SRI.PARAMESHWARAPPA D/O LATE. CHIKKAPLA CHANNABASAPPA AGED ABOUT 68 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 3. REVANASIDAPPA, S/O LATE. CHIKKAPLA CHANNABASAPPA AGED ABOUT 63 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. - 3 - NC: 2025:KHC:12142 WP No. 3274 of 2025 4. C MALLAMMA W/O SRI CHIKKAPPALA UMAPATHI AGED ABOUT 53 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 5. C BASAVARAJA S/O LATE. CHIKKAPLA CHANNABASAPPA AGED ABOUT 58 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 6. C SHOBHA W/O KADEMANE SHANTHAPPA D/O LATE SMT.C.CHANNABASAMMA AGED ABOUT 49 YEARS R/O MASKAL MARADI VILLAGE TANIGERE POST CHANNAGIRI TALUK-577552. 7. SRI. CHIKKAPLA KOTRAPPA DEAD BY HIS LRS LATE SRI C SHARANAPPA S/O LATE SRI CHIKKAPPALA KOTRAPPA DEAD BY HIS LRS SMT.KAMALAMMA W/O LATE SRI.C.SHARANAPPA AGED ABOUT 73 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 8. SRI. GANGADHARA S/O LATE SRI.C.SHARANAPPA AGED ABOUT 51 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 9. SRI. REVANASIDAPPA, S/O LATE SRI.C.SHARANAPPA AGED ABOUT 45 YEARS - 4 - NC: 2025:KHC:12142 WP No. 3274 of 2025 R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 10. SRI. C MALLIKARJUNAPPA S/O LATE SRI C. KOTRAPPA AGED ABOUT 78 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 11. SRI. C GONDEPPA @ GOVINDAPPA S/O LATE SRI.C. KOTRAPPA AGED ABOUT 74 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 12. SRI. C. PARAMESHWARAPPA S/O LATE SRI.C. KOTRAPPA AGED ABOUT 68 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 13. SMT. REVAKKA D/O LATE SRI.C. KOTRAPPA AGED ABOUT 63 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 14. SRI. C EKANTHAPPA S/O LATE SRI.C. KOTRAPPA AGED ABOUT 78 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 15. SRL. G. BASAVARAJAPPA DEAD BY LRS SRI. SHANTHA W/O SRI. LATE C. BASAVARAJA AGED ABOUT 51 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. - 5 - NC: 2025:KHC:12142 WP No. 3274 of 2025 16. SRI. PRUTHVI RAJA S/O SRI. LATE C. BASAVARAJA AGED ABOUT 25 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 17. C.B.NANDEESHA AGED ABOUT 20 YEARS R/O CHIKKA MEGALAGERI VILLAGE HARAPANAHALLI TALUK-583131. 18. SMT. C. NAGAVVA W/O LATE SRI. VEERAPPA DEAD BY HER LRS SMT. K. SUSHEELAMMA W/O SRI. VIRUPAKSHAPPA.K AGED ABOUT 70 YEARS HOUSEHOLD R/O CHIKKA-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583131. 19. SRI. P. VEERAPPA S/O LATE. P. VEERAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/O CHIKKA-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583131. 20. SMT. H. RUDRAMMA W/O SRI. H. CHANNABASAPPA D/O P. VEERAPPA AGED ABOUT 65 YEARS HOUSEHOLD R/O HIRE-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583125. 21. SRI. P. CHANNAPPA S/O LATE SRI. P. VEERAPPA AGED ABOUT 60 YEARS HOUSEHOLD R/O HIRE-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583125. - 6 - NC: 2025:KHC:12142 WP No. 3274 of 2025 22. SMT. U. MURIGEMMA W/O SRI. URABAGILAMANE AJJAPPARA VEERAPPA D/O P VEERAPPA AGED ABOUT 60 YEARS HOUSEHOLD R/O HARAKANAL VILLAGE KUDLIGI TALUK DAVANAGERE DISTRICT-583131. 23. SRI. B. CHANNABASAPPA S/O SRI. BHEEMAPPA AGED ABOUT 75 YEARS AGRICULTURIST R/O KADAJJI VILLAGE DAVANGERE TALUK-577002. 24. SRI. ADDI AJJAPPA S/O SRI. GURUSHANTHAPPA AGE ABOUT 75 YEARS AGRICULTURIST R/O ARASIKERE VILLAGE HARAPANAHALLI TALUK-583125. 25. SMT. P. GURUSHANTHAMMA W/O SRI. P. MAHADEVAPPA AGED ABOUT 57 YEARS HOUSEHOLD R/O CHIKKA-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583131. 26. SRI. K. ANJINAPPA S/O LATE. SRI. NAGAPPA AGED ABOUT 40 YEARS AGRICULTURIST R/O CHIKKA-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583131. 27. SRI. U. SHASHTHRILU S/O SRI. VENKAT RAO AGED ABOUT 65 YEARS - 7 - NC: 2025:KHC:12142 WP No. 3274 of 2025 R/O CHIKKA-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583131. 28. SMT. SURYAVATHI W/O LATE SRI. SATHYANARAYANA AGED ABOUT 35 YEARS R/O CHIKKA-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583131. 29. SRI. IJARI CHANNAPPA S/O LATE SRI. YAMUNAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/O CHIKKA-MEGALAGERE VILLAGE HARAPANAHALLI TALUK-583131. 30. SRL. G. B. MRUTHUNJAYAPPA S/O LATE SRI. BASAPPA AGED ABOUT 60 YEARS AGRICULTURIST R/O DOOR NO. 285/1 NEAR VITTAL MANDIR MAHARAJA PET, DAVANGERE - 577 001. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.03.2022 PASSED IN RA NO.2/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, HARAPANAHALLI, AS PER ANNEXURE-M AND ETC. THIS PETITION, 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. This writ petition under Article 227 of the Constitution of India is filed by the petitioners, challenging the order dated 04.03.2022 passed by the Senior Civil - 8 - NC: 2025:KHC:12142 WP No. 3274 of 2025 Judge, Harapanahalli in R.A.No.2/2022, whereby the First Appellate Court has stayed the operation of order dated 15.12.2021 passed by the Civil Judge and JMFC, Harappanahalli in FDP No.2/2007. 2. The plaintiffs filed the suit for partition, and the suit was decreed. Subsequently, the parties filed final decree proceedings in FDP No.2/2007. The FDP Court passed an order on 15.12.2021. Being aggrieved by the same, the respondents herein filed R.A.No.2/2022 before the Senior Civil Judge, Harappanahalli. Along with the appeal, they filed I.A.No.1 under Order XLI Rule 5 of the CPC, seeking stay of the operation of the order dated 15.12.2021. The First Appellate Court, by impugned order dated 04.03.2022, allowed the application and granted a stay on the operation of the order dated 15.12.2021 passed by the Civil Judge and JMFC, Harapanahalli, in FDP No.2/2007. Being aggrieved by the same, the present petition is filed. - 9 - NC: 2025:KHC:12142 WP No. 3274 of 2025 3. The appeal filed by the respondents herein is pending for consideration before the First Appellate Court. Since the respondents-appellants have made out a prima-facie case, the First Appellate Court is justified in passing the order under Order XLI Rule 5 of the CPC to stay the operation of the order dated 15.12.2021. There is no error or illegality in the order dated 04.03.2022 passed by the First Appellate Court. Hence, the petition required to be dismissed. 4. Accordingly, the writ petition is dismissed. 5. The First Appellate Court is directed to dispose of the appeal i.e. R.A.No.2/2022, in accordance with law, as expeditiously as possible, not later than six months from the date of receipt of copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 12