- 1 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 10642 OF 2023 (GM-CPC) BETWEEN: 1. 1(A) 1(B) CHANDRASHEKAR SINCE DEAD BY LRS SMT.DHANALAKSHMI, W/O LATE CHANDRASHEKAR, AGED ABOUT 39 YEARS, R/AT: R/O, ANGANEYA TEMPLE BACK SIDE ROAD, DANTARAMAKKI, JYOTHINAGARA, CHIKKAMAGALURU - 577 101. HEMA C, D/O LATE CHANDRASHEKAR, AGED ABOUT 18 YEARS, R/AT: R/O, ANGANEYA TEMPLE BACK SIDE ROAD, DANTARAMAKKI, JYOTHINAGARA, CHIKKAMAGALURU - 577 101. …PETITIONERS (BY SRI.GIRISH KUMAR B.M., ADVOCATE FOR PSD PI(A&B)) AND: 1. MASTHAMMA, W/O LATE NANJUNDASWAMI, AGED ABOUT 88 YEARS, R/O SHRUTHI NILAYA, KURUVANGI ROAD, NEW EXTN, DANTARAMAKKI, JYOTHINAGARA, CHIKKAMAGALURU - 577 101. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 2. LALITHAMMA, D/O LATE NANJUNDASWAMI, AGED ABOUT 58 YEARS, R/O SHRUTHI NILAYA, KURUVANGI ROAD, NEW EXTN, DANTARAMAKKI, JYOTHINAGARA, CHIKKAMAGALURU - 577 101. 3. RADHAMMA, D/O LATE NANJUNDASWAMI, AGED ABOUT 48 YEARS, R/O SHRUTHI NILAYA KURUVANGI ROAD, NEW EXTN, DANTARAMAKKI, JYOTHINAGARA, CHIKKAMAGALURU - 577 101. 4. RAJASHEKAR, S/O LATE NANJUNADASWAMI, AGED ABOUT 44 YEARS, R/O SHRUTHI NILAYA KURUVANGI ROAD, NEW EXTN, DANTARAMAKKI, JYOTHINAGARA, CHIKKAMAGALURU - 577 101. 5. MANJEGOWDA, S/O LATE AJJEGOWDA, AGED ABOUT 56 YEARS, R/O ANJANEYA TEMPLE BACK SIDE ROAD, DANTARAMAKKI JYOTHINAGARA, CHIKKAMAGALURU - 577 101. 6. PUSHPALATHA, W/O LATE UMESH, AGED ABOUT 43 YEARS, R/O ANJANEYA TEMPLE BACK SIDE ROAD, DANTARAMAKKI JYOTHINAGARA, CHIKKAMAGALURU - 577 101. - 3 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 7. SHARATHKUMAR, S/O LATE UMESH, AGED ABOUT 24 YEARS, R/O ANJANEYA TEMPLE BACK SIDE ROAD, DANTARAMAKKI JYOTHINAGARA, CHIKKAMAGALURU - 577 101. 8. PUNITHKUMAR, S/O LATE UMESH, AGED ABOUT 22 YEARS, R/O ANJANEYA TEMPLE BACK SIDE ROAD, DANTARAMAKKI JYOTHINAGARA, CHIKKAMAGALURU - 577 101. 9. SHOBHA, W/O DEVEGOWDA, AGED ABOUT 51 YEARS, R/O CHIKKAGOUJA VILLAGE, HIREGOUJA POST, LANKYA HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT - 577 101. 10. KUMARASWAMI, S/O LATE AJJEGOWDA, AGED ABOUT 47 YEARS, R/O ANJANAYA TEMPLE BACK SIDE ROAD, DANTARAMAKKI JYOTHINAGARA, CHIKKAMAGALURU - 577 101. 11. PUSHPALATHA, W/O BEEREGOWDA, AGED ABOUT 45 YEARS, R/O SARATHI COFFEE, CURING BACK SIDE STREET, CHIKKAMAGALURU - 577 101. …RESPONDENTS - 4 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 (BY SRI.J.N.NAVEEN KUMAR., ADVOCATE FOR R5, R6 & R10; R1 TO R4 ARE SERVED; V/O/D 04.11.2024 NOTICE TO R7, R8, R9, R11 ARE D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ANNEXURE-D THAT THE ORDER DTD 21/07/2022 PASSED BY PRL. CIVIL JUDGE AND JMFC, AT CHIKKAMAGLURU IN O.S.NO.110/2022 AND ORDER DTD 09/03/2023 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU, IN M.A.NO.22/2022 FILED UNDER ORDER 43 RULE 1 BY THE PETITIONERS AS PER ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 21.07.2022 passed on I.A.No.1 in O.S.No.110/2022 by the Court of Principal Civil Judge and JMFC, Chikkamagaluru and the order dated 09.03.2023 passed on M.A.No.22/2022 by the Court of II Additional Senior Civil Judge and JMFC, Chikkamagaluru. 2. Heard the learned counsel for the parties. - 5 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 3. Suit in O.S.No.110/2022 is filed by petitioner herein before the Jurisdictional Civil Court at Chikkamagaluru seeking the relief of partition and separate possession of the suit schedule property. The contesting defendants have entered appearance in the said suit and filed their written statement. I.A.No.1 was filed on behalf of the plaintiff in O.S.No.110/2022 under Order XXXIX Rule 1 and 2 read with Section 151 of CPC with a prayer to restrain the defendants from alienating the suit schedule property till the pendency of the said suit. The application was opposed by contesting defendants by filing objections. The Trial Court vide the order impugned dated 21.07.2022 rejected I.A.No.1 and said order was challenged unsuccessfully by the plaintiff before the II Additional Senior Civil Judge, Chikkamagaluru in M.A.No.22/2022. Assailing the said two orders, the plaintiff is before this Court in this writ petition. 4. Learned Counsel for the petitioner having reiterated the ground urged in the petition submits that - 6 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 this Court on 26.05.2023 has granted an interim order directing the parities not to alienate or create third party rights over the suit schedule property and the said interim order is operating as on this date. Suit is at the stage of recording the plaintiff's evidence. He submits that writ petition may be disposed of directing the Trial Court to expeditiously dispose of the suit and in the meanwhile interim order operating may be continued. 5. Per contra, learned counsel appearing for the contesting defendants submits that concurrent findings are recorded against the petitioner. There was a partition between family members earlier and the property which was allotted the share of the plaintiff has been already sold and the properties which were allotted to the defendants in the earlier partition are now subject matter of the present suit. The two Courts having appreciated this aspect of the matter have rightly rejected the prayer made by the petitioner for grant of temporary injunction. Accordingly, he prays to dismiss the petition. - 7 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 6. Petitioner is before this Court assailing the concurrent findings recorded by the Trial Court as well as Lower Appellate Court while rejecting the prayer made by the petitioner for grant of temporary injunction restraining the defendants from alienating or creating third party rights over the suit schedule property during the pendency of the suit. This Court while issuing notice to the respondents in this writ petition on 26.05.2023 has passed an interim order directing the parties not to alienate or create third party rights over the suit schedule property and the said interim order granted by this Court is being continue and is in operation as on this date. It is not in dispute that suit is now at the stage of recording plaintiff's evidence. In a suit for partition if third party rights are created during the pendency of the proceedings, it would lead to multiplicity of litigation and therefore, I am of the opinion that if the interim order granted by this Court on 26.05.2023 is continued and the Trial Court is directed to - 8 - HC-KAR NC: 2025:KHC:48805 WP No. 10642 of 2023 dispose of the suit expeditiously the same would serve the ends of justice. Accordingly, the following: ORDER The writ Petition is disposed of with a request to the Trial Court to expedite trial in O.S.No.110/2022 and dispose of the suit on merits as expeditiously as possible, but not later than a period of eight months from the date of receipt of certified copy of this Court. Till the disposal of the suit, the interim order granted by this Court on 26.05.2023 shall continue. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 17