- 1 - NC: 2025:KHC:7036 WP No. 20131 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 20131 OF 2024 (GM-CPC) BETWEEN: 1. K SRIRAM S/O LATE V.N. KRISHNAMURTHY AGED ABOUT 57 YEARS RESIDING AT NO.104/2 104/3, 104/4, CARISBROOK MADARAGALLI VILLAGE VARUNA HOBLI, MYSURU 572311. 2. ANUPAMA SRIRAM W/O K. SRIRAM AGED ABOUT 50 YEARS RESIDING AT NO.104/2 104/3, 104/4, CARISBROOK MADARAGALLI VILLAGE VARUNA HOBLI, MYSURU 572311. 3. RAJIV KRISHNA S S/O K. SRIRAM AGED ABOUT 27 YEARS R/AT NO.104/2, 104/3, 104/4 CARISBROOK, MADARAGALLI VILLAGE VARUNA HOBLI, MYSURU 572311. …PETITIONERS (BY SRI. SRIRANGA S, SENIOR COUNSEL FOR SMT. SUMANA NAGANAND.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7036 WP No. 20131 of 2024 AND: 1. RAJALAKSHMI A NARAYAN W/O LATE K. AJIT NARAYAN AGED ABOUT 58 YEARS RESIDING AT SERENE 7/A, A1 BLOCK, VASU LAYOUT DATTAGALLI, MYSURU-570022. 2. BHAVANA RAKER W/O BRUHAT V. RAKER D/O LATE K. AJIT NARAYAN AGED ABOUT 34 YEARS RESIDING AT NO.51 THOROUGH BRED DRIVE CLYDE NORTH, VIC, AUSTRALIA 3978 REPRESENTED BY HER POWER OF ATTORNEY HOLDER ROHAN KRISHNA A.N. 3. ROHAN KRISHNA A N S/O LATE K. AJIT NARAYAN AGED ABOUT 38 YEARS RESIDING AT SERENE 7/A, A1 BLOCK, VASU LAYOUT DATTAGALLI, MYSURU 570022. 4. SANJIV KRISHNA S. S/O K. SRIRAM AGED ABOUT 20 YEARS R/AT NO.104/2, 104/3, 104/4 CARISBROOK, MADARAGALLI VILLAGE VARUNA HOBLI, MYSURU 572311. 5. LAKSHMI MOHAN W/O MOHAN RAO D/O LATE V.N. KRISHNAMURTHY AGED ABOUT 63 YEARS RESIDING AT NO.112, SATSHIL FLAT NO.102, 5TH MAIN - 3 - NC: 2025:KHC:7036 WP No. 20131 of 2024 11TH CROSS, MALLESHWARAM BENGALURU - 560003. …RESPONDENTS (BY SRI. P N HARISH.,ADVOCATE FOR R1 & R3: NOTICE TO R2 SERVED AND UNREPRESENTED:) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN OS NO. 207/2024 ON THE FILE OF THE VI ADDL SENIOR CIVIL JUDGE AND JMFC MYSURU AND SET ASIDE THE ORDER DATED: 6.07.2024 PASSED BY THE VI ADDL SENIOR CIVIL JUDGE AND JMFC, MYSURU ON IA NO. 7 FILED IN OS NO. 207/2024 DIRECTING THE PARTIES TO MAINTAIN STATUS QUO AND THE SUBSEQUENT EXTENSION OF THE STATUS QUO ORDER VIDE ORDER DATED: 8.07.2024 AND 9.07.2024 PASSED ON IA NO. 8 AND ON IA NO. 9 RESPECTIVELY VIDE (ANNEXURE-U) 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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners/defendant Nos.1 to 3 challenging the orders dated 06.07.2024, 08.07.2024 and 09.07.2024 passed by the VI Additional Senior Civil Judge and JMFC, Mysuru on I.A.No.1, I.A.No.8 and I.A.No.9, respectively filed by the plaintiffs in O.S.No.207/2024, whereby the trial Court has extended - 4 - NC: 2025:KHC:7036 WP No. 20131 of 2024 the status-quo order passed in respect of suit schedule property, till the next date of hearing. 2. The plaintiffs have filed the suit for partition and declaration. Along with the plaint, they filed I.A.No.1 under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. The trial Court without granting any exparte order, has issued summons to the defendants. Being aggrieved by the same, the plaintiff approached this Court in W.P.No.11230/2024. This Court vide order dated 23.04.2024 had granted an interim order directing the parties not to alienate, encumber or create third party rights over the suit schedule properties, till the next date of hearing. After hearing the parties, this Court by order dated 28.06.2024 disposed of the matter directing the parties to cooperate for early disposal of the application without taking any adjournment and the interim order granted by this Court in the said petition on 23.04.2024 shall continue till the next date of hearing before the trial Court. Since this Court had not fixed the time limit, the plaintiffs are dragging the matter on one or the other - 5 - NC: 2025:KHC:7036 WP No. 20131 of 2024 reason and consequently, the trial Court kept on going with extending the status-quo order. Being aggrieved by the same, the defendants are before this Court in this writ petition. 3. This Court has granted an interim order on 31.07.2024 only in respect of suit item No.I of the suit schedule properties. 4. Be that as it may, the application filed by the plaintiff under Order XXXIX Rule 1 and 2 of CPC has not yet been disposed of. Under the circumstances, the following order is passed: ORDER a) The writ petition is disposed of. b) The trial Court is directed to dispose of application filed under Order XXXIX Rule 1 and 2 of CPC on or before 31.03.2025. c) Parties are directed to cooperate for early disposal of the application. - 6 - NC: 2025:KHC:7036 WP No. 20131 of 2024 d) Till then, the parties are directed to maintain status-quo, in respect of suit schedule properties except suit item No.I. e) Any alienation made till disposal of the application, is subject to the result of the suit. f) It is made clear that the trial Court is directed to dispose of the application without being influenced by any observations made by this Court. g) All contentions of the parties are left open. 5. In view of disposal of the main petition, all pending IAs. do not survive for consideration. Hence, the same are also disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 45