- 1 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 32213 OF 2025 (GM-CPC) BETWEEN: 1. SRI VENKATESHAPPA S/O. LATE MUNIYAPPA AGED ABOUT 62 YEARS. 2. SMT. PILLAMMA @ NARASAMMA D/O. LATE CHIKKAPAIAH AGED ABOUT 65 YEARS. 3. SRI KRISHNAPPA S/O. LATE DODDAPAIAH AGED ABOUT 53 YEARS. ALL THE PETITIONERS ARE R/AT KODAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. …PETITIONERS (BY SRI VENKAT SATYANARAYANA A., ADVOCATE) AND: 1. SMT. ANJINAMMA W/O. LATE MUNIYAPPA AGED ABOUT 47 YEARS R/AT KODAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 2. SMT. GANGAMMA W/O. LATE MUNIYAPPA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 AGED ABOUT 43 YEARS R/AT KDAGURKI VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 3. SMT. KURESHAMMNA @ MUNIVENKATAMNMA D/O. LATE DODDAPPAIAH AGED ABOUT 70 YEARS R/AT AGRAHARA VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 4. SRI MUNIRAJU S/O. LATE MUNISHAMAPPA AND LATE MUNIYAMMA AGED ABOUT 55 YEARS R/AT MUDDANAYAKANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 5. SMT. ANJINAMMA D/O. LATE MUNISHAMAPPA AND LATE MUNIYAMMA AGED ABOUT 52 YEARS R/AT YAGATIGANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 6. SMT. MUNILAKSHMAMMA D/O. LATE MUNISHAMAPPA AND LATE MUNIYAMMA AGED ABOUT 50 YEARS R/AT MOGALAKUPPA VILLAGE CHIKKABALLAPURA TALUK - 562 101. 7. SRI MUNIANJINAPPA S/O. LATE MUNISHAMAPPA AND LATE MUNIYAMMA AGED ABOUT 42 YEARS - 3 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 R/AT MUDDANAYAKANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 8. SRI PAPANNA S/O. LATE PILLAPPAIAH AND LATE NARASAMMA AGED ABOUT 44 YEARS. 9. SMT. MUNIRATHNAMMA D/O. LATE PILLAPPAIAH AND LATE NARASAMMA AGED ABOUT 40 YEARS. 10. SMT. LAKSHMAMMA D/O. LATE PILLAPPAIAH AND LATE NARASAMMA AGED ABOUT 38 YEARS. 11. SRI MUNIKRISHANAPPA S/O. LATE PILLAPPAIAH AND LATE NARASAMMA AGED ABOUT 35 YEARS. 12. SMT. ROOPA D/O. LATE PILLAPPAIAH AND LATE NARASAMMA AGED ABOUT 29 YEARS. 13. SRI MURALI D/O LATE PILLAPPAIAH AND LATE NARASAMMA AGED ABOUT 27 YEARS. RES. NO.8 TO 13 R/AT CHIKKAGOLAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 14. SMT. MUNIYAMMA D/O. LATE CHIKAPPAIAH - 4 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 AGED ABOUT 58 YEARS. 15. SMT. NARSAMMA @ MUNINARSAMMA W/O. LATE MUNIRAJU AGED ABOUT 55 YEARS. 16. SMT. SHILPA D/O. LATE MUNIRAJU AGED ABOUT 30 YEARS. 17. SMT. LAKSHMAMMA D/O. LATE MUNIRAJU AGED ABOUT 26 YEARS. 18. SMT. RATNAMMA D/O. LATE CHIKAPPAIAH AGED ABOUT 52 YEARS. 19. SMT. NARAYANAMMA D/O. LATE MUNIYAPPA AGED ABOUT 56 YEARS. 20. SRI ANCHE ANJINAPPA S/O. LATE ANCHE MUNISHAMAPPA AGED ABOUT 70 YEARS. RES. NO.14 TO 20 R/AT KODAGURKI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 21. SRI S. MOHAMMAD WAHID S/O. LATE SYED SALEHA AGED ABOUT 44 YEARS. 22. AYESHA TARANUM, W/O. S. MOHAMMAD WAHID AGED ABOUT 40 YEARS. RES. NO.21 AND 22 ARE R/AT NO.68, 3RD CROSS - 5 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 ASHWATHNAGAR, RMV EXTENSIONS 2ND STAGE, SANJAYANAGAR, BENGALURU EAST, BENGALURU URBAN - 560 094. 23. SRI YUNUS AHMED S/O. SHAKEEL AHMED AGED ABOUT 38 YEARS. 24. SMT. AMBREEN IMRAN SHERIFF W/O. YUNUS AHMED AGED ABOUT 36 YEARS. RES. NO. 23 AND 24 R/AT NO.18, MEG OFFICERS COLONY, BANASWADI MAIN ROAD MARUTHI SEVANAGAR BENGALURU EAST BENGALURU URBAN - 560 005. 25. M/S. GREEN WAYS LAND DEVELOPMENT LTD. REP. BY ASGAR JAN OFFICE AT NO.75-76 COMMERCIAL STREET, BENGALURU - 560 001. 26. SAI SHRUSTI (ABACHIKKANAHALLI) PROJECTS PRIVATE LIMITED REP. BY MR. SIVAKUMAR S/O. R.DURAI SWAMY AGED ABOUT 46 YEARS R/AT NO.537, AMARJOYTHI LAYOUT DOMLUR, BENGALURU EAST - 560 071. (THE COMPANY REGISTERED UNDER COMPANIES ACT) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO HEAR AND PASS ORDERS AS EXPEDITIOUSLY AS POSSIBLE ON I.A.NO. II/25 VIDE ANNEXURE-C FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC IN O.S.NO.655/2025, WHICH IS PENDING FROM - 6 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 09.06.2025 BEFORE THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI BENGALURU RURAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioners. 2. This petition is filed by the petitioners-plaintiffs seeking following reliefs: "WHEREFORE the Petitions humbly pray before this Hon'ble Court a) To issue a Writ of Mandamus directing the trial court to hear and pass orders as expeditiously as possible on I.A.No.II/25 vide Annexure-C filed under Order.39, Rule.1 and 2 of CPC in O.S.No.655/2025 which is pending from 09.06.2025 before the court of Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural. b) Pass any other appropriate order/s or suitable direction as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of equity and justice." - 7 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 3. This Court is not inclined to issue notice to the respondents, as no adverse order is passed against them and no relief is sought against them. The only relief sought by the petitioners-plaintiffs in this case is for expeditious disposal of IA.No.II filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.655/2025. 4. The petitioners are the plaintiffs in the original suit. They filed a suit against the respondents-defendants seeking following relief: "WHEREFORE, the plaintiff respectfully pray that this Hon'ble court be pleased to: i. To declare that, the plaintiffs are the absolute owners of the suit schedule properties. ii. To declare that, the sale deeds executed in respect of the suit schedule properties dated 7/8/1996, 20/1/1997, 12/8/2010 and 28/11/2024 is not binding on the plaintiffs iii. To pass permanent injunction restraining the defendant no.26 and his agents, representatives etc from interfering with - 8 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 the possession of the plaintiffs suit schedule property iv. to pass any other order/s as this Hon'ble court deems fit under the facts and circumstances of the case including the cost's of the proceedings." 5. Along with the plaint, the petitioners-plaintiffs filed IA.No.II under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking an ad interim order of temporary injunction restraining defendant No.26, his agents, servants or anybody from alienating the application schedule property till disposal of the suit. 6. Though the suit came to be filed on 09.06.2025, the trial Court has not passed any order on the interim application for temporary injunction but has issued notice to the defendants. Some of them have appeared and some have not and the case is now posted on 04.12.2025 for the summons of some of the defendants. 7. It is stated that the plaintiffs are the absolute owners of the suit schedule property bearing new survey - 9 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 No.151/2 measuring to an extent of 2 acres 4 guntas, survey No.151/3 measuring to an extent of 1 acre 32 guntas including 3 guntas of karab land and survey Nos.151/4 and 151/5 measuring to an extent of 1 gunta of land each. 8. It is the contention of the learned counsel for petitioners that the property has been secured by way of registered Mortgage Deed in favour of Venkatappa dated 17.06.1937 and the said document had been registered in the office of the Sub-Registrar in respect of survey No.151 measuring to an extent of 3 acres 35 guntas of land situated at Kodgurki Village, Kasaba Hobli, Devanahalli Taluk, Benglauru Rural District. Therefore, it is his contention that the plaintiffs have continued to be in possession, cultivation and enjoyment of the property and the plaintiffs being the legal representatives of the original mortgagee, have acquired the right title and interest over the suit schedule property. - 10 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 9. It is further contended that the mortgage property has not been redeemed and the plaintiffs have continued to be in possession, cultivation and enjoyment of the suit schedule property. 10. This being the state of affairs in the year 1997, one Munivenkatamma wife of Late Anjinappa has sold the property bearing survey No.151/3 measuring to an extent of 1 acre 31 guntas including 3 guntas of karab land and few other portion of the land. Hence, the plaintiffs filed a suit against the defendants and sought injunction against defendant No.26 not to alienate the suit schedule property till disposal of the suit. The trial Court has issued notice and has not passed any order on the said application. Hence, the petitioners-plaintiffs are before this Court seeking the said relief for expeditious disposal of the application, as any delay in passing the order on the application would defeat the rights of the plaintiffs in filing the suit and also cause multiplicity of the proceedings. Therefore, they are before this Court for consideration of - 11 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 the application in an expeditious manner, as it may cause irreparable injury and hardship, which may not be able to be compensated by way of cost. Also, if the order is passed, it would not cause any hardship to the defendants till their appearance and the same could be decided on merits once the appearance is made by the defendants. 11. Under the circumstances, I deem it appropriate to dispose of this case with a direction to the trial Court to dispose of the application in a time bound manner. 12. Accordingly, I pass the following: ORDER i. This petition is allowed; ii. The Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural District is directed to dispose of IA.No.II filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.655/2025 within a period of fifteen days from the date of receipt of a copy of this - 12 - HC-KAR NC: 2025:KHC:44543 WP No. 32213 of 2025 order either by an ad interim order or after hearing the learned counsel for defendants if they have made their appearance on the notice to said application; iii. This Court has not made any observations on the merits of the application; Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 6