- 1 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21214 OF 2024 (GM-CPC) BETWEEN: K.JYOTHI W/O M.V.MURALI KRISHNA AGED ABOUT 50 YEARS R/AT NO.54/1, 1ST CROSS 4TH MAIN ROAD, RAMAMOHANA PURAM SRIRAMPURAM, BENGALURU KARNATAKA – 560 021. …PETITIONER (BY SRI ARVIND N., ADVOCATE) AND: 1. R.RAJANNA S/O LATE MUNIRANGAIAH AGED ABOUT 60 YEARS R/AT NO.13, 5TH CROSS KATTRIGUPPE EAST CHENNAMMANAKERE ACHUKATTU BENGALURU – 560 085. 2. MARIYAPPA S/O LATE DODDAIAH AGED ABOUT 57 YEARS 3. JAYAMMA W/O LATE RANGAPPA Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 AGED ABOUT 44 YEARS 4. RAJANNA S/O LATE DODDAIAH AGED ABOUT 42 YEARS 5. CHIKKANNA S/O LATE DODDAIAH AGED ABOUT 55 YEARS 6. CHOWDAPPA S/O LATE MUDUGAIAH AGED ABOUT 52 YEARS 7. NAGARAJ S/O LATE NAGAIAH AGED ABOUT 52 YEARS RESPONDENT NOS.2 TO 7 ARE R/AT KODAGEHALLI YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 091. 8. MUNIYAMMA W/O LATE NAGAIAH AGED ABOUT 82 YEARS R/AT KODIGEHALLI (RANGANATHA DRY CLEANER) YESHWANTHPURA HOBLI OPP. MANJUNATH FABRICATIONS BENGALURU NORTH TALUK BENGALURU – 560 091. 9. MALLIKARJUN - 3 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 S/O LATE CHANDRASHEKARAIAH AGED ABOUT 56 YEARS 10. PANCHAKSHARAIAH S/O LATE CHANDRASHEKARAIAH AGED ABOUT 50 YEARS 11. ANANDAPPA S/O CHANDRASHEKARAIAH AGED ABOUT 46 YEARS 12. UMESH S/O LATE CHANDRASHEKARAIAH AGED ABOUT 36 YEARS RESPONDENT NOS. 9 TO 12 ARE R/AT KANNALLI VILLAGE KODIGEHALLI POST YESHWANTHPUR HOBLI BANGALORE NORTH TALUK BENGALURU – 560 091. 13. B.M.LAKSHMI W/O L.CHANDRASHEKAR AGED ABOUT 44 YEARS R/AT NO.12/2, 13TH CROSS 8TH MAIN ROAD, MALLESHWARAM BENGALURU – 560 003. 14. H.S.KRISHNA S/O H.V.SUBBANNASA AGED ABOUT 54 YEARS R/AT NO.26/1 ”SHREEKANTESHWARA NILAYA” FIRST FLOOR, 2ND ‘A’ CROSS - 4 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 K.H.B.COLONY BASAVESHWARANAGAR 1ST STAGE BENGALURU – 560 079. 15. D.VENKATESH S/O LATE DASAPPA AGED ABOUT 65 YEARS R/AT NO.26/1 ”SHREEKANTESHWARA NILAYA 1ST FLOOR, 2ND ‘A’ CROSS K.H.B COLONY BASAVESHWARANAGAR 1ST STAGE BENGALURU – 560 079. 16. G.GOPAL S/O LATE GANGAPPA AGED ABOUT 54 YEARS R/AT NO.73, 16TH CROSS 6 TEMPLE ROAD, MALLESHWARAM BENGALURU – 560 003. 17. HARISH T. L., S/O LINGANNA T. C., AGED ABOUT 43 YEARS R/AT NO.279, 3RD ‘B’ CROSS 2ND BLOCK, 3RD STAGE BASAVESHWARANAGAR BANGALORE NORTH BANGALORE, KARNATAKA – 560 079. 18. KARTHIKA M. N., W/O NAGESH M. K., AGED ABOUT 45 YEARS R/AT NO.301, KONCEPT NAKSHATRA APARTMENT, 17TH CROSS - 5 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 2ND MAIN, NEAR ORCHIDS INTERNATIONAL SCHOOL ANNAPOORNESHWARI NAGAR BANGALORE NORTH BENGALURU, KARNATAKA – 560 072. 19. H.R.VIJAYALAKSHMI W/O S.G.SURESH BABU AGED ABOUT 45 YEARS 4TH CROSS, ANNAPOORNESHWARI TEMPLE RHCS LAYOUT ANNAPOORNESHWARI NAGARA BANGALORE NORTH VISHWANEEDAM BANGALORE NORTH, BENGALURU KARNATAKA – 560 091. 20. ANUPAMA Y.NANJAIAH W/O NITIN KUMAR JAIN AGED ABOUT 42 YEARS R/AT D-1202, SALARPURIA MELODY ITI LAYOUT 3RD PHASE, MYSORE ROAD PANTHARAPALYA, NAYANDAHALLI BANGALORE SOUTH, BENGALURU KARNATAKA – 560 039. 21. NITIN KUMAR JAIN S/O SHYAM KUMAR JAIN AGED ABOUT 42 YEARS R/AT NO.D-1202 SALARPURIA MELODY, ITI LAYOUT 3RD PHASE, MYSORE ROAD PANTHARAPALYA BANGALORE SOUTH - 6 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 BENGALURU, KARNATAKA – 560 039. …RESPONDENTS (BY SRI RAVISHANKAR S., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 151 OF CPC., PRAYING TO SET ASIDE THE ORDER PASSED IN THE REGULAR APPEAL NO. 55/2024 BY THE SENIOR CIVIL JUDGE AND JMFC, BANGALORE RURAL DISTRICT AT BANGALORE ON I.A.NO. 2 AND 3 DTD. 24.07.2024 VIDE ANNX-H. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – appellant No.4 is at the doors of this Court calling in question an order dated 24.07.2024, passed by the Senior Civil Judge and JMFC, Bengaluru, on applications – I.A.Nos.2 and 3, filed under Order XLI Rule 5 r/w Section 151 of the CPC and Order XXXIX Rules 1 and 2 of the CPC, seeking stay of the order passed in FDP.No.7/2009 and ex-parte accused-interim injunction, respectively, in R.A.No.55/2024. 2. Heard Sri Arvind N., learned counsel for petitioner and Sri Ravishankar S., learned counsel for respondent No.1. - 7 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 3. Learned counsel appearing to the petitioner submits that respondent No.13 herein had preferred a writ petition in W.P.No.20172/2024 against few of the respondents herein, before this Court. The issue in the case at hand is identical to the issue that is considered by a co-ordinate bench in W.P.No.20172/2024, disposed on 13.01.2025. Therefore, seeks the same relief as is granted in the aforesaid writ petition, on the score that the original suit and the FDP proceedings are the same between the parties. 4. Learned counsel for respondent No.1 also admits that the issue in the lis is identical to the issue considered in W.P.No.20172/2024. 5. The coordinate bench of this Court in W.P.No.20172/2024, disposed on 13.01.2025, has held as follows: “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 - 8 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 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 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 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 - 9 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 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 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.” In the light of the afore-quoted order and the identical facts, I deem it appropriate to direct the first appellate Court to dispose the regular appeal No.55/2024 within a period of six months, from the date of receipt of a copy of the order. 6. For the aforesaid reasons, the following: ORDER i) The Writ Petition is disposed. ii) The parties are directed to maintain status- quo in respect of the property bearing Sy.No.*80/3, measuring 1 acre 21 guntas, *Corrected vide Court Order dated 24.07.2025 - 10 - HC-KAR NC: 2025:KHC:25150 WP No. 21214 of 2024 converted in terms of the conversion order No.ALN (N.Y.) SR 5/2010-11, dated 01.10.2010, situated at Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk, till disposal of the regular appeal. iii) The I Appellate Court is directed to dispose of R.A.No.55/2024, within an outer limit of six months from the date of receipt of a copy of this order. iv) The parties are directed to co-operate for speedy disposal. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 8 CT:SS