- 1 - NC: 2025:KHC:13264 WP No. 14896 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 14896 OF 2024 (GM-CPC) BETWEEN: SRI. N.M THEERTHE GOWDA S/O N.K. MATADAIAH AGED ABOUT 63 YEARS, HAVING OFFICE AT NO.39/2 2ND FLOOR, CHAMBER NO.2, A.S.V.N.V BHAVAN, OPP TO SBI, K.G ROAD, BENGALURU - 560 009. …PETITIONER (BY SRI. CHANDRASHEKAR REDDY K P.,ADVOCATE) AND: 1. SMT. V. UMADEVI W/O SRI. C.H. RAMACHANDRA REDDY AGED ABOUT 55 YEARS R/O NO.373, 3RD MAIN BENGALURU- 560 043. 2. SRI. V. KEMPANNA S/O VENKATESH AGE ABOUT 64 YEARS R/O GONAMAKANAHALLI VILLAGE, ROBERTSONPET HOBLI, BANGARPET TALUK, KOLAR DISTRICT. 3. SRI. K V RAVINDRANATH S/O VENKATESH R/O GONAMAKANAHALLI VILLAGE , ROBERTSONPET HOBLI, BANGARPET TALUK, KOLAR DISTRICT. Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13264 WP No. 14896 of 2024 4. SMT. LAKSHMAMMA W/O LATE K.VENKATESH AGED ABOUT 79 YEARS, R/O NO.141B, 6TH MAIN 4TH BLOCK, RAJAJINAGAR BENGALURU -560 010. 5. SRI.V. MUNIVENKATAPPA W/O LATE K VENKATESH AGED ABOUT 65 YEARS R/O NO.1278, 7TH CROSS, 2ND MAIN, CHANDRA LAYOUT BENGALURU - 560 040. 6. SRI V NAGESH W/O LATE K VENKATESH AGED ABOUT 55 YEARS C/O NO 65/1, 2ND FLOOR, 2ND CROSS, 4TH MAIN, GANDHINAGARA BENGALURU - 560 009. 7. SMT. V. PADMA W/O PRABHAKARA Y S AGED ABOUT 54 YEARS NO 661, 7TH CROSS, YESHWANATHAPURA BENGALURU - 560 002. 8. SMT. V. SUMITHRA W/O THIRTHEGOWDA AGED ABOUT 61 YEARS R/AT NO.141B, 6TH MAIN 4TH BLOCK, RAJAJINAGARA BENGALURU - 560 010. 9. SMT. V. SHARADA W/O Y.R ASWAPATHI NARAYANASWAMI GOWDA AGED ABOUT 58 YEARS NANJUNDESHWARA NILAYA, 1ST CROSS, 1ST MAIN, MUNESHWARA NAGARA NEAR STADIUM KOLAR. - 3 - NC: 2025:KHC:13264 WP No. 14896 of 2024 10. THE COMMISSIONER FOR TRANSPORT M S BUILDING, DR AMBEDKAR VEEDHI BENGALURU - 560 001. 11. THE REGIONAL TRANSPORT OFFICER CENTRAL OFFICE, BDA COMPLEX, KORAMANGALA, BENGALURU. 12. SRI. SYED NAWAB S/OLATE S.N. SYED GHOUSE AGED ABOUT 56 YEARS, R/AT NO 20, SNM SCHOOL ROAD, ANDERSONPET K.G.F KOLAR DISTRICT. 13. SMT. ATHIYA W/O SYED NAWAB, AGED ABOUT 47 YEARS R/AT NO 20, SNM SCHOOL ROAD, ANDERSONPET, K.G.F KOLAR DISTRICT. 14. SMT. BHAGYAMMA, W/O GOVINDA AGED 49 YEARS R/AT GONAMAKANAHALLI VILLAGE, ANDERSONPET, K.G.F KOLAR DISTRICT. 15. SRI. L ANWAR S/O ABDUL LATHEEF AGED ABOUT 70 YEARS R/AT ANDERSONPET POST, K.G.F, BANGARPET TALUK. …RESPONDENTS (BY SRI. C H RAMACHANDRA REDDY.,ADVOCATE FOR R-1, SRI. B.N. ANJAN KUMAR, ADVOCATE FOR R-3, NOTICE TO R-2, R-4 TO R-15 ARE DISPENSED WITH) - 4 - NC: 2025:KHC:13264 WP No. 14896 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 31.01.2023 PASSED ON IA NO. 16 FILED UNDER ORDER XXI RULES 97 TO 106 R/W SEC 151 OF CPC, IN F.D.P. NO. 5/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, KGF VIDE ANNEXURE-K. 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 The office has raised a preliminary objection regarding maintainability of the petition on the ground that the order impugned is passed under Order XXI Rule 97 to Rule 106 of CPC, passed in FDP.No.05/2016 2. At this stage, learned counsel for the petitioner seeks liberty to approach the appropriate legal forum and also requests for extension of the interim order granted by this Court till filing of the appeal before the appropriate legal forum. 3. The extension of interim order has been seriously objected by the learned counsel for respondent No.1. He submits that the interest of the petitioner is only in respect of item No.4 of the suit schedule property. If this Court wants to - 5 - NC: 2025:KHC:13264 WP No. 14896 of 2024 extend the interim order, it may be extended only in respect of item No.4 of the suit schedule property. 4. In view of the above, the Writ Petition is disposed of, reserving liberty to the petitioner to approach the appropriate legal forum. The interim order granted by this Court on 21.06.2024 is modified to the extent that the drawing of final decree in FDP.No.05/2016, on the file of Senior Civil Judge and Prl.JMFC, KGF, is stayed only in respect of item No.4 of the suit schedule property, for a period of one week from today. Sd/- (H.T. NARENDRA PRASAD) JUDGE BK List No.: 1 Sl No.: 51