- 1 - NC: 2025:KHC:1300 WP No. 20172 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. 20172 OF 2024 (GM-CPC) BETWEEN: 1. SMT B M LAKSHMI WIFE OF SRI.L. CHANDRASHEKAR, AGED ABOUT 56 YEARS, RESIDING AT NO.254, 2ND MAIN ROAD, 3RD BLOCK, NAGARABHAVI II STAGE, BENGALURU-560072. ..PETITIONER (BY SRI.UDAYA HOLLA, SENIOR ADVOCATE FOR SRI B.MANJUNATH & SRI NAGAIAH, ADVOCATES) AND: 1. SRI R RAJANNA SON OF LATE MUNIRANGAIAH, AGED ABOUT 75 YEARS, RESIDING AT NO.13, 5TH CROSS, KATRIGUPPE EAST, CHENNAMMANAKERE ACHUKATTU, BENGALURU-560085 2. SRI.MARIYAPPA SON OF LATE DODDAIAH, AGED ABOUT 72 YEARS, RESIDING AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560112. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1300 WP No. 20172 of 2024 3. SMT JAYAMMA WIFE OF LATE RANGAPPA, AGED ABOUT 59 YEARS RESIDING AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560112. 4. SRI.RAJANNA, SON OF LATE DODDAIAH, AGED ABOUT 57 YEARS RESIDING AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560112. 5. SRI CHIKKANNA SON OF LATE DODDAIAH, AGED ABOUT 57 YEARS RESIDING AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560112. 6. SRI.CHOWDAPPA, SON OF LATE MUDUGAIAH, AGED ABOUT 70 YEARS RESIDING AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560112. 7. SRI.NAGARAJ, SON OF LATE NAGAIAH, AGED ABOUT 67 YEARS - 3 - NC: 2025:KHC:1300 WP No. 20172 of 2024 RESIDING AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560112. 8. SMT.MUNIYAMMA, WIFE OF LATE NAGAIAH, AGED ABOUT 97 YEARS RESIDING AT KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560112. 9. SRI.MALLIKARJUN, SON OF LATE CHANDRASHEKHARAIAH, AGED ABOUT 71 YEARS RESIDING AT KANNALLI VILLAGE, KODIGEHALLI POST, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560091. 10. SRI.PANCHAKSHARAIAH SON OF LATE CHANDRASHEKHARAIAH, AGED ABOUT 65 YEARS RESIDING AT KANNALLI VILLAGE, KODIGEHALLI POST, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560091. 11. SRI.ANANDAPPA, SON OF LATE CHANDRASHEKHARAIAH, AGED ABOUT 61 YEARS RESIDING AT KANNALLI VILLAGE, KODIGEHALLI POST, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560091. - 4 - NC: 2025:KHC:1300 WP No. 20172 of 2024 12. SRI.UMESH, SON OF LATE CHANDRASHEKHARAIAH, AGED ABOUT 56 YEARS RESIDING AT KANNALLI VILLAGE, KODIGEHALLI POST, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560091. 13. SRI.H.S.KRISHNASA, SON OF H.V.SUBBANNASA, AGED ABOUT 69 YEARS, RESIDING AT NO.26/1, 'SHREEKANTESHWARA NILAYA', 1ST FLOOR, 2ND 'A' CROSS, K.H.B.COLONY, 1ST STAGE, BASAVESHWARANAGAR, BENGALURU-560079 14. SRI.D.VENKATESH, SON OF LATE DASAPPA, MAJOR IN AGE, RESIDING AT NO.2, ANJANANAGAR, MAGADI MAIN ROAD, BENGALURU-560091 15. SRI.G.GOPAL, SON OF LATE GANGAPPA, MAJOR IN AGE, RESIDING AT NO.73, 16TH CROSS, 6TH TEMPLE ROAD, MALLESHWARAM, BENGALURU-560003 …RESPONDENTS (BY SRI. RAVISHANKAR S., ADVOCATE FOR R1: R2, R4, R6, R10, R12, R13 & R15 SERVED AND UNREPRESENTED: NOTICE TO R8 IS HELD SUFFICIENT: NOTICE R3, R5, R7, R9, R11 & R14 ) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE IVTH ADDL SENIOR CIVIL JUDGE, BENGALURU - 5 - NC: 2025:KHC:1300 WP No. 20172 of 2024 RURAL DISTRICT, BENGALURU IN RA NO. 43/2024 DTD. 12.07.2024 REJECTED THE IA NO. 1 FILED BY THE PETITIONER UNDER ORDER-41, RULE-5 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE VIDE ANNX-O & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 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 the appellant in R.A.No.43/2024 challenging the order dated 12.07.2024, passed on IA No.1 filed under Order 41 Rule 5 r/w. Section 151 of CPC, whereby, the application for stay of the order passed in F.D.P.No.7/2009 has been rejected. 2. The petitioner/appellant claims to be the purchaser of land bearing Sy.No.80/2, measuring 1 acre 24 guntas situated in Kodigehalli Village, Yeshwantapura Hobli, Bengaluru North Taluk by a registered sale deed dated 21.05.2007. The respondents herein claiming to be the owners of the property have filed a suit for partition and separate possession. In the said proceedings, the petitioner has not been made as a party. After the preliminary decree, they have filed final decree - 6 - NC: 2025:KHC:1300 WP No. 20172 of 2024 proceedings in FDP No.7/2009. The competent court has passed an order in FDP proceedings. Being aggrieved by the same, the petitioner/appellant filed R.A.No.43/2024 before the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru. Along with the appeal, the petitioner has filed IA No.2 for condonation of delay and also filed IA No.1 under Order 41 Rule 5 r/w. Section 151 of CPC. The trial court allowed IA No.2 filed under Section 5 of the Limitation Act and rejected IA No.1 filed under Order 41 Rule 5 of CPC. Being aggrieved by the same, the petitioner is before this Court. 3. Sri Udaya Holla, the learned Senior Counsel appearing for the petitioner contended that the petitioner has purchased the property bearing Sy.No.80/2, measuring 1 acre 24 guntas of Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk by a registered sale deed dated 21.05.1997 from the legal representatives of Shanthamallappa, who is one of the family members of the respondents. From the date of the - 7 - NC: 2025:KHC:1300 WP No. 20172 of 2024 purchase, she is in possession of the property. Without making her a party, the respondents have filed a suit for partition. The suit is decreed. During the pendency of the final decree proceedings, the petitioner has been made as a party. After hearing the parties, final decree was drawn on 30.10.2023. Being aggrieved by the same, the petitioner filed R.A.No.43/2024 before the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru. The I Appellate Court, rightly condoned the delay, but without giving any proper reason has rejected IA No.1 filed under Order 41 Rule 5 of CPC. Taking advantage of the final decree proceedings, the respondents are trying to interfere into the possession of the petitioner. 4. The learned counsel appearing for the respondents has contended that as on today the respondents are in the possession of the said property and they have disputed the possession of the petitioner. Be that as it may. 5. Now, regular appeal filed by the petitioner challenging the final decree proceedings dated 30.10.2023 - 8 - NC: 2025:KHC:1300 WP No. 20172 of 2024 passed in FDP No.7/2009 is pending before the I Appellate Court in R.A.No.43/2024. In the interest of justice, the only relief that can be granted in this writ petition is to modify the order passed by the I Appellate Court on IA No.1. 6. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order passed by the I Appellate Court dated 12.07.2024 in R.A.No.43/2024 is modified. (iii) The parties are directed to maintain status- quo in respect of the property bearing Sy.No.No.80/2, measuring 1 acre 24 guntas situated at Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk, till disposal of the regular appeal. (iv) The I Appellate Court is directed to dispose of R.A.No.43/2024, as expeditiously as - 9 - NC: 2025:KHC:1300 WP No. 20172 of 2024 possible, not later than six months from the date of receipt of a copy of this order. (v) The parties are directed to co-operate for speedy disposal. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 74