- 1 - NC: 2025:KHC:1304 WP No. 9757 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9757 OF 2024 (GM-CPC) BETWEEN: 1. SMT SHIVAMMA W/O LATE PUTTEGOWDA AGED ABOUT 70 YEARS 2. SUNDARA K P S/O LATE PUTTE GOWDA AGED ABOUT 38 YEARS 3. SMT JAYAMMA W/O LATE PURUSHOTTAMA K P AGED ABOUT 55 YEARS 4. VENUGOPALA S/O LATE PURUSHOTTAMA K P AGED ABOUT 31 YEARS ALL ARE R/AT KUNDANAHALLI VILLAGE KASABA HOBLI PERIYAPATNA TALUK MYSURU - 571107 …PETITIONERS (BY SRI. KRISHNAMOORTHY D.,ADVOCATE) AND: 1. SRINIVASA K P S/O LATE PUTTEGOWDA AGED ABOUT 48 YEARS 2. DINESHA K P S/O LATE PUTTEGOWDA AGED ABOUT 40 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1304 WP No. 9757 of 2024 BOTH ARE RESIDING AT KUNDANAHALLI VILLAGE KASABA HOBLI PERIYAPATNA TALUK MYSURU - 571107 …RESPONDENTS (BY SRI. SIDDAMALLAPPA P M., ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IMPUGNED DATED 01/03/2024 PASSED BY THE SENIOR CIVIL JUDGE AT PERIYAPATTANA IN MA NO. 05/2024 PRODUCED AT ANNEXURE-H AND ALLOW THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 defendant Nos. 1 to 4 under Article 227 of the Constitution of India, challenging the order, dated 01.03.2024 passed by the Senior Civil Judge, Periyapattana in M.A.No.5/2024, whereby the order passed by the trial court is set aside and the appeal filed by the plaintiffs has been allowed. 2. The plaintiffs have filed a suit for partition and separate possession and also filed an application - IA No.1 under Order 39 Rules 1 and 2 of CPC, before the trial court, seeking injunction against defendant Nos.1 to 4, - 3 - NC: 2025:KHC:1304 WP No. 9757 of 2024 restraining them from putting up any further construction. The trial court, by order, dated 25.01.2024 dismissed the application and further held that any construction done by the defendants is subject to the outcome of the suit. Being aggrieved by the same, the plaintiffs have filed M.A.No.5/2024 before the Senior Civil Judge, Periyapatna. The I Appellate Court allowed the appeal, by order dated 01.03.2024 and granted a temporary injunction restraining the defendants from putting up any construction over the suit schedule property. Being aggrieved by the same, the defendant Nos.1 to 4 are before this Court. 3. The learned counsel appearing for the petitioner/ defendant Nos. 1 to 4 contended that the suit schedule property is measuring 2 acres 4 guntas. The defendant Nos. 1 to 4 are putting up construction only in 2 ¼ guntas of the suit schedule property. He further submitted that they have already started putting up construction and they may be permitted to put up construction, which may be - 4 - NC: 2025:KHC:1304 WP No. 9757 of 2024 subject to the outcome of the suit and also that they cannot claim any equity. 4. In view of the above, the following order is passed: (i) The writ petition is allowed. (ii) The order passed by the I Appellate Court dated 01.03.2024 in M.A.No.5/2024 is set aside. (iii) The order passed by the trial court on IA No.1 under Order 39 Rules 1 and 2 is modified to the effect that the petitioners/defendants are permitted to put up construction in 2 ¼ guntas of the suit schedule property. (iv) It is made clear that the construction is subject to the outcome of the suit and the petitioners/defendant Nos. 1 to 4 cannot claim any equity, in case, if they are unsuccessful before the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 70