- 1 - NC: 2025:KHC:14107 WP No. 52540 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 52540 OF 2019 (GM-CPC) BETWEEN: SRI. H.S. NAGARAJU, S/O LATE NARAYANAPPA, AGED ABOUT 54 YEARS, KOTHAKOTA VILLAGE, BAGEPALLI KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT- 561 207. …PETITIONER (BY SRI. YASHWANTH NETHAJI N.T., ADVOCATE FOR SRI.K.V.NARASIMHAN., ADVOCATE) AND: 1. SRI. H.S. ANJANAPPA, S/O LATE SRIRAMAPPA, AGED ABOUT 52 YEARS, R/AT KOTHAKOTA VILLAGE, BAGEPALLI KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 561 207. 2. SMT. NARAYANAMMA, D/O LATE SRIRAMAPPA, W/O SRI. HANUMANTHAPPA, AGED ABOUT 60 YEARS, R/AT KONDAVARIPALLI VILLAGE, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT - 561 207. …RESPONDENTS (BY SRI.A.RAMCHANDRA, ADVOCATE FOR R1 AND R2) Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14107 WP No. 52540 of 2019 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.01.2019 PASSED IN MISC.APPEAL NO.9/2018 BY THE III ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPUR AT ANNEXURE - F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER In the course of the hearing, both the counsel for the petitioner as well as the respondents jointly submitted that the original suit is a partition suit, which came to be filed in the year 2018 and the Trial Court refused to grant an order for non-alienation of the suit schedule property on an interlocutory application filed by the plaintiff therein, against which, the plaintiff preferred a miscellaneous appeal, wherein the impugned order has been passed, against which, the present writ petition is filed. They together submit that given the nature of the case and the - 3 - NC: 2025:KHC:14107 WP No. 52540 of 2019 long duration of the case, the parties are interested in getting a decree at the hands of the Trial Court at the earliest and they both pray that the writ petition may be disposed of with a direction to the Trial Court to dispose of the suit at the earliest and they further undertake not to alienate the property or create third party rights over the same and they shall maintain status-quo with regard to the same. 2. Based on the aforementioned submissions of the counsel, the writ petition is disposed of with a direction to the Trial Court to dispose of O.S.No.59 of 2018 at the earliest and the parties shall co-operate in this regard. Further, the parties are directed to maintain status-quo in respect of the property concerned and not to alienate or create any third party right over the same till the disposal of the suit. It is further clarified that this Court has not gone into the merits of the case and the parties are at liberty to adduce appropriate evidence in support of their contentions before the Trial Court and the Trial Court shall - 4 - NC: 2025:KHC:14107 WP No. 52540 of 2019 decide the matter without being influenced any of the observations made herein above. It is also clarified that the petitioner herein has made the aforementioned undertaking only with a view to get the original suit quickly disposed of and the same shall not be held as an estoppel against him in the order that is to be passed by the Trial Court. Sd/- (M.I.ARUN) JUDGE DH List No.: 1 Sl No.: 52