- 1 - NC: 2025:KHC:5835 WP No. 16738 of 2023 C/W WP No. 9641 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16738 OF 2023 (GM-CPC) C/W WRIT PETITION NO. 9641 OF 2023 (GM-CPC) IN WP No. 16738/2023 BETWEEN: 1. SRI PILLEGOWDA S/O. NARAYANAPPA AGED ABOUT 59 YEARS R/O. NAGANAYKANAHALLI VILLAGE CHANNARAYAPATNA HOBLI BANGALORE RURAL DISTRICT DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562110. 2. SMT. JAYAPADMA W/O. PILLEGOWDA AGED ABOUT 54 YEARS R/O. NAGANAYKANAHALLI VILLAGE CHANNARAYAPATNA HOBLI BANGALORE RURAL DISTRICT DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562110 …PETITIONERS (BY SRI. GOPALA GOWDA H K.,ADVOCATE) AND: 1. SRINIVASA SINCE DECEASED BY HIS LRS SMT.S.SUMALATHA W/O. LATE SRINIVASA AGED ABOUT 48 YEARS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5835 WP No. 16738 of 2023 C/W WP No. 9641 of 2023 2. SRI. LOKESH S S/O. LATE SRINIVASA AGED ABOUT 27 YEARS 3. SRI. PAVAN KUMAR S S/O. LATE SRINIVASA AGED ABOUT 25 YEARS 4. KUM. HARSHITHA.S D/O. LATE SRINIVASA AGED ABOUT 20 YEARS ALL ARE R/AT NO.137 SULIBELE ROAD, DEVANAHALLI TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562110. 5. THE SPECIAL LAND ACQUISITION OFFICER- 2 KIADB NO.39, SHANTH GRUHA BHARATH SCOUTS AND GUIDES BUILDING 4TH FLOOR, PALACE ROAD BENGALURU - 560001. …RESPONDENTS (BY SRI. D BOREGOWDA., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 21.2.2023 PASSED ON THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 151 OF CPC IN IA.NO.6 OF O.S No.554/2016 ON THE FILE OF THE HONBLE ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI IN ANNEXURE-L AND CONSEQUENTLY BE PLEASED TO DISMISS THE APPLICATION IN IA.NO.6 FILED BY THE RESPONDENTS NO.1 TO 4 BEFORE THE HONBLE TRIAL COURT IN THE INTEREST OF JUSTICE AND ETC. IN WP NO. 9641/2023 BETWEEN: 1. SRINIVASA SINCE DECEASED BY HIS LRS SMT.S.SUMALATHA - 3 - NC: 2025:KHC:5835 WP No. 16738 of 2023 C/W WP No. 9641 of 2023 W/O. LATE SRINIVASA AGED ABOUT 48 YEARS 2. SRI. LOKESH S S/O. LATE SRINIVASA AGED ABOUT 27 YEARS 3. SRI. PAVAN KUMAR S S/O. LATE SRINIVASA AGED ABOUT 25 YEARS 4. KUM. HARSHITHA.S D/O. LATE SRINIVASA AGED ABOUT 20 YEARS ALL ARE R/AT NO.137 SULIBELE ROAD, DEVANAHALLI TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562110. ...PETITIONERS (BY SRI. BALAJI RAGHUNATHAN.,ADVOCATE) AND: 1. SRI PILLEGOWDA S/O. NARAYANAPPA AGED ABOUT 59 YEARS R/O. NAGANAYKANAHALLI VILLAGE CHANNARAYAPATNA HOBLI BANGALORE RURAL DISTRICT DEVANAHALLI TAUK BANGALORE RURAL DISTRICT - 562110. 2. SMT. JAYAPADMA W/O. PILLEGOWDA AGED ABOUT 54 YEARS R/O. NAGANAYKANAHALLI VILLAGE CHANNARAYAPATNA HOBLI BANGALORE RURAL DISTRICT DEVANAHALLI TALUK BANGALORE RURAL DISTRICT – 562110. - 4 - NC: 2025:KHC:5835 WP No. 16738 of 2023 C/W WP No. 9641 of 2023 3. THE SPECIAL LAND ACQUISITION OFFICER 2 KIADB NO 39, SHANTH GRUHA BHARATH SCOUTS AND GUIDES BUILDING 4TH FLOOR, PALACE ROAD BENGALURU 560001. ...RESPONDENTS (BY SRI. GOPALA GOWDA H K., ADVOCATE FOR R1 & R2: SRI.D BOREGOWDA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.02.2023 PASSED ON THE APPLICATION FILED BY THE PETITIONERS UNDER SECTION 151 OF CPC IN IA NO.6 OF OS NO.554/2016 ON THE FILE OF THE HON’BLE ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI IN ANNEXURE-A AND CONSEQUENTLY BE PLEASED ALLOW THE APPLICATION IN IA NO.6 FILED BY THE PETITIONER OR BE PLEASED TO MODIFY THE ORDER BY DIRECTING THE DEFENDANTS TO FURNISH IMMOVABLE PROPERTY WORTH RS.99,25,000 AS SECURITY BEFORE THE HONBLE TRIAL COURT AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. W.P.No.16738/2023 is filed by petitioners-defendant Nos.1 and 2 and W.P.No.9641/2023 is filed by the petitioners, who are the LRs. of plaintiff-Srinivasa under Article 227 of the Constitution of India challenging the order dated 21.02.2023 passed by the Additional Civil Judge and JMFC, Devanahalli on I.A.No.6 in - 5 - NC: 2025:KHC:5835 WP No. 16738 of 2023 C/W WP No. 9641 of 2023 O.S.No.554/2016, whereby the trial Court has partly allowed the said application. 2. The plaintiffs filed the suit for specific performance of contract on 08.08.2013. During the pendency of the suit, the suit schedule property has been acquired by the Karnataka Industrial Areas Development Board (KIADB) for formation of industrial estate. The compensation determined by the KIADB is at Rs.1,29,25,000/-. Before the LRs. of plaintiff filed an application under Section 151 of CPC, defendant No.1 has withdrawn Rs.99,25,000/-. Therefore, LRs. of plaintiff has filed I.A.No.6 under Section 151 of CPC. The trial Court by impugned order dated 21.02.2023 directed the KIADB to deposit remaining amount of Rs.30,00,000/- before the trial Court and also directed defendant Nos.1 and 2 to execute the indemnity bond in respect of Rs.99,25,000/- indemnifying to the Court that in the event, the legal representatives of plaintiff succeeds in the suit, they will pay Rs.99,25,000/- - 6 - NC: 2025:KHC:5835 WP No. 16738 of 2023 C/W WP No. 9641 of 2023 to the legal representatives of plaintiff. Being aggrieved, the present petition is filed. 3. In view of the above, considering the dispute in the suit, I am of the opinion that the trial Court was justified in passing such an order. There is no error or illegality in the order passed by the trial Court. 4. Accordingly, the writ petitions are dismissed. 5. The Additional Civil Judge and JMFC, Devanahalli is directed to dispose of the suit as expeditiously as possible, not later than one year from the date of receipt of certified copy of this order. 6. The parties are directed to cooperate for early disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 22