- 1 - NC: 2025:KHC:10978 WP No. 7544 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7544 OF 2024 (GM-CPC) BETWEEN: 1. SMT. MALLAMMA W/O LATE N B CHANDRASHEKARAIAH AGED ABOUT 82 YEARS 2. SRI BASAVARAJAPPA S/O LATE BASAPPA AGED ABOUT 67 YEARS 3. SMT INDRAMMA D/O LATE CHANDRASHEKARAIAH AGED ABOUT 62 YEARS 4. SMT KANTHA D/O LATE CHANDRASHEKARAIAH AGED ABOUT 59 YEARS 5. SMT MANI D/O LATE CHANDRASHEKARAIAH AGED ABOUT 52 YEARS 6. SRI MANJUNATH N C S/O LATE N B CHANDRASHEKARAIAH AGED ABOUT 50 YEARS 7. SRI PRASANNAKUMAR N C S/O LATE N B CHANDRASHEKARAIAH Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10978 WP No. 7544 of 2024 AGED ABOUT 47 YEARS 8. SRI RAVI KUMAR N C S/O LATE CHANDRASHEKARAIAH N B AGED ABOUT 47 YEARS 9. SRI NAVEEN KUMAR N C S/O CHANDRASHEKARAIAH AGED ABOUT 39 YEARS ALL ARE RESIDENTS OF NIDUVANI VILLAGE HALLIMYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT 573211 …PETITIONERS (BY SRI. M B CHANDRACHOOD, ADVOCATE FOR SRI. SHANTAKUMAR K C., ADVOCATE) AND: SRI. N. C. MAHADEVAPPA S/O LATE N B CHANDRASHEKARAIAH AGED ABOUT 55 YEARS R/AT NIDUVANI VILLAGE HALLIMYSORE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT 573211. NOW RESIDING AT NO 546, F BLOCK BEHIND S B I BANK 14TH MAIN ROAD, 14TH CROSS SAHAKARANGAR, BANGALORE -560092 …RESPONDENT (BY SRI. CHETHAN B., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - NC: 2025:KHC:10978 WP No. 7544 of 2024 QUASH THE IMPUGNED JUDGMENT AND ORDER DATED 18.11.2019 PASSED IN IA NO.VI BY THE LEARNED SENIOR CIVIL JUDGE, AT HOLENARASIPURA IN OS NO. 29/2017 VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the defendants under Article 227 of the Constitution of India, challenging the order dated 18.11.2019 passed on IA No.VI in O.S.No.29/2017 by the Senior Civil Judge, Holenarasipura, whereby the said application filed by the plaintiff has been allowed. 2. The plaintiff filed a suit for partition. Along with the plaint, he filed an application under Order XXXIX Rules 1 and 2 seeking injunction against the defendants not to put up any construction in the suit schedule property and the said application came to be allowed. 3. The learned counsel for the petitioners/defendants contended that the defendants have already started - 4 - NC: 2025:KHC:10978 WP No. 7544 of 2024 construction in item No.1 of the suit schedule property and in view of the impugned order, they could not proceed further. He further contended that both the parties have filed an affidavit before this court that they will not claim any equity. 4. In view of the above, in the interest of justice, the injunction order passed by the trial court is modified. The petitioners/defendants are permitted to put up construction in item No.1 of the suit schedule property, but subject to condition that in case, if they fail, they shall not claim any equity. 5. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 70