- 1 - NC: 2025:KHC:14770 WP No. 7277 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7277 OF 2023 (GM-CPC) BETWEEN: SRI SRINIVAS @ SRINIVASA V S/O LATE VENKATARAMAIAH AGED ABOUT 44 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. …PETITIONER (BY SRI. RAJU S., ADVOCATE) AND: 1. SMT JAYAMMA W/O LATE PATALAIAH AGED ABOUT 75 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD D.J. HALLI, BENGALURU-560045. 2. SMT. PATALAMMA D/O LATE PATALAPPA AGED ABOUT 75 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 3. SMT. SHARADAMMA W/O MUNIYAPPA AGED ABOUT 65 YEARS R/AT DODDABELEKERE SHIVAKOTE POST BENGALURU NORTH TALUK-560090. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14770 WP No. 7277 of 2023 4. SMT. MUNIYAMMA @ CHIKKAHUDAGI W/O LATE VENKATARAMAIAH SINCE DEAD REP. BY HER LR’S ARE R5 TO R9. 5. SRI. RAJANNA @ RAJA S/O LATE VENKATARAMAIAH AGED ABOUT 48 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 6. SRI. RAVI S/O LATE VENKATARAMAIAH AGED ABOUT 43 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 7. SMT. JAYAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 56 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 8. SMT. PADAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 51 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 9. SMT. BHAGYAMMA D/O LATE VENKATARAMAIAH AGED ABOUT 40 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. - 3 - NC: 2025:KHC:14770 WP No. 7277 of 2023 10. SRI. VISHNU GOWDA S/O LATE MUNISWAMAPPA AGED ABOUT 53 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 11. SRI. MAHADEV GOWDA S/O LATE MUNISWAMAPPA AGED ABOUT 49 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 12. SRI. THRIMURTHY GOWDA S/O LATE MUNISWAMAPPA AGED ABOUT 44 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 13. SRI. MALLIKARJUN GOWDA S/O LATE MUNISWAMAPPA AGED ABOUT 40 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. 14. SRI. PANCHAKSHARI GOWDA S/O LATE MUNISWAMAPPA AGED ABOUT 37 YEARS R/AT NO.282, MUNIMARAPPA BLOCK SHAMPUR MAIN ROAD, D.J. HALLI BENGALURU-560045. …RESPONDENTS (BY SRI. GEORGE ANTHONY CRUZ., ADVOCATE FOR R1: NOTICE TO R2,R3,R5, R7 TO R14 ARE SERVED AND UNREPRESENTED: NOTICE TO R6 IS DISPENSED WITH: R4 IS DEAD) - 4 - NC: 2025:KHC:14770 WP No. 7277 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFY THE ORDER DATED 16.03.2023 ON I.A NO.1/23 IN O.S NO. 1790/2023 PASSED BY THE LEARNED XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-14) PRODUCED AT ANNEXURE-F 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 plaintiff under Article 227 of the Constitution of India, seeking a direction to the trial court to dispose of IA No.1/2023 filed in P&SC No.1790/2023, directing the respondents not to alienate, encumber or create third party interest over the suit schedule properties. 2. The plaintiff filed a suit for partition. Along with the plaint, he filed IA No.1/2023 under Order 39 Rules 1 and 2 of CPC, seeking an ad-interim ex-parte temporary injunction restraining the defendants and their henchmen or anybody claiming through them from alienating, encumbering or creating third party interest over the suit schedule property. The trial court, by order dated - 5 - NC: 2025:KHC:14770 WP No. 7277 of 2023 16.03.2023 refused to grant ex-parte injunction order, but issued summons to the defendants. Being aggrieved by the same, the plaintiff is before this Court. 3. Learned counsel for the petitioner/plaintiff contended that, now, all the defendants are served before the trial court. Inspite of that, no order has been passed on IA No.1/2023. 4. In view of the above, without expressing any opinion on the merits of the case, if the defendants are served, the trial court is directed to dispose of the application filed by the plaintiff under Order 39 Rules 1 and 2 of CPC, in accordance with law, after giving opportunity to all the parties, before the end of April 2025. 5. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 47