- 1 - NC: 2025:KHC:11311 WP No. 15960 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15960 OF 2023 (GM-CPC) BETWEEN: SMT. SHARADAMMA W/O LATE RAJANNA D/O LATE K NANJUNDAPPA AGED ABOUT 62 YEARS R/AT HANDRAHALLI VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 165 …PETITIONER (BY SRI. SIDDAMALLAPPA P M., ADVOCATE) AND: 1. SRI.N. GOPALASWAMY S/O LATE K NANJUNDAPPA AGED ABOUT 58 YEARS R/AT HANDRAHALLI VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 165. 2. SRI RAVINDER SURI @ RAVI SURI S/O LATE B R SURI AGED ABOUT 70 YEARS R/AT NO.601 WILSON MANOR APARTMENTS 13TH CROSS WILSON GARDEN BENGALURU 560 027. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11311 WP No. 15960 of 2023 3. THE SPECIAL LAND ACQUISITION OFFICER SAMPARKA SOUDHA 3RD FLOOR DR RAJKUMAR ROAD 1ST BLOCK RAJAJI NAGAR BENGALURU 560 010. …RESPONDENTS (NOTICE TO R1 & R3 SERVED AND UNREPRESENTED SERVED AND UNREPRESENTED NOTICE TO R2 IS DISPENSED WITH V/O DATED: 19.03.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO STAY THE IMPUGNED ORDERS DATED: 07/07/2022 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, IN O.S.NO. 558/2021 AS PER ANNEXURE-C AND ORDER DATED: 21/06/2023 PASSED IN M.A.NO. 15020/2022 BY THE LEARNED V ADDL. DIST. AND SESSION JUDGE, BENGALURU RURAL, SITTING AT DEVANAHALLI VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDER, 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 petitioner-plaintiff challenging the order dated 21.06.2023 passed by the V Addl. District Judge, Bengaluru Rural, sitting at Devenahalli, in M.A.No.15020/2022, whereby the First - 3 - NC: 2025:KHC:11311 WP No. 15960 of 2023 Appellate Court has dismissed the appeal and confirmed the order dated 07.07.2022 passed by the II Addl. Senior Civil Judge & JMFC, Devanahalli, on I.A.No.II filed in O.S.No.558/2021. 2. The plaintiff filed the suit for partition and separate possession. Out of the suit schedule properties, suit ‘B’ schedule property has been acquired by the Government for formation of the road. The defendant No.2 claims to be the purchaser of the said property and seeks to withdraw the compensation amount. Therefore, the plaintiff has filed the I.A.No.II under Order 39 Rules 1 and 2 of CPC to restrain the defendant No.3 from disbursing the compensation amount in favour of defendant No.2 till the disposal of the suit. The Trial Court by order dated 07.07.2022 has rejected the said application. Being aggrieved, the plaintiff filed M.A.No.15020/2022 before the First Appellate Court. The First Appellate Court, by impugned order dated 21.06.2023 has dismissed the appeal and confirmed the order passed by the Trial Court. - 4 - NC: 2025:KHC:11311 WP No. 15960 of 2023 Being aggrieved by the said order, the present petition is filed. 3. Suit ‘B’ schedule property has been acquired by the Government for formation of the road. The plaintiff has claimed that she has a share in the property and therefore, till the said issue is decided by the Trial Court, the compensation amount shall not be disbursed in favour of the defendant No.2, who claims to be the purchaser of the said property and if the amount is released in favour of defendant No.2, it will cause prejudice to the rights of the plaintiff. 4. The learned counsel for the petitioner submits that the suit is at the stage of the evidence and also submitted that the compensation amount is not yet released in favour of defendant No.2. 5. In view of the above and in the interest of justice, this Court is of the opinion that the writ petition is required to be allowed. Accordingly, the following order is passed: - 5 - NC: 2025:KHC:11311 WP No. 15960 of 2023 ORDER a) The writ petition is allowed. b) The order dated 21.06.2023 passed by the V Addl. District Judge, Bengaluru Rural, Sitting at Devenahalli, in M.A.No.15020/2022, is set aside. c) Defendant No.3/Respondent No.3 is directed not to release the compensation amount in respect of suit ‘B’ schedule property in favour of respondent No.2/defendant No.2, till the disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 28