- 1 - HC-KAR NC: 2025:KHC:48478-DB WA No. 288 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 288 OF 2025 (LA-KIADB) BETWEEN: 1. SMT.M.R.INDRESHREE D/O LATE M. RAMAIAH AGED ABOUT 51 YEARS, NO. 591, 3RD CROSS, MAHALAKSHMIPURAM, BENGALURU - 560 086 2. SMT. M. R. PRABHAVATHI W/O SRI. KRISHNA S., AGED ABOUT 63 YEARS, R/O NO.88, KAMADHENU NILAYA, JAYANAGAR CO OPERATIVE HOUSING SOCIETY, 4TH STAGE, KANAKA LAYOUT, GUBBALALA, BANGALORE - 560 061 3. SMT. M.R. GAYATHRI W/O SRI. SHANKARNARAYA 40, 2ND G ROAD, 3RD CROSS, SURABHI NAGAR, JAMBUSAVARI DINNE, JP NAGAR 8TH PHASE, BANGALORE SOUTH, BANGALORE - 560 076 - 2 - HC-KAR NC: 2025:KHC:48478-DB WA No. 288 of 2025 4. SMT. M.R. PADMAVATHI W/O SRI. SHANKAR RAJU J.S 2ND MAIN, 1ST CROSS, ANJANI EXTENSION CHINTAMANI - 563 125 …APPELLANTS (BY SRI. ARAVIND RAMESH, ADVOCATE FOR SRI. NANDA KISHORE, ADVOCATE) AND: 1. SRI. M.R. SRINIVAS S/O SRI M. RAMAIAH AGED ABOUT 62 YEARS NO. 81, FLAT NO. 402, NANDA DEEPA, DOLLARS SCHEME LAYOUT, NANDINI LAYOUT, BENGALURU - 560 096 2. SRI. M. R. PRAKASH S/O SRI M. RAMAIAH AGED ABOUT 53 YEARS NO.591, 3RD CROSS, MAHALAKSHMIPURAM, BENGALURU - 560 086 3. SMT. M. R. HEMAVATHI W/O SRI. MANJUNATH RICE MILL BAMBOO BAZAAR ROAD, CHINTAMANI - 563 125 4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB) REPRESENTED BY ITS SECRETARY, 49, KHANIJA BHAVAN, 4TH AND 5TH FLOOR, RACE COURSE RD, HIGH GROUNDS, SAMPANGI RAMA NAGAR, BENGALURU - 560 001 - 3 - HC-KAR NC: 2025:KHC:48478-DB WA No. 288 of 2025 5. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BANGALORE - 560 001 …RESPONDENTS (BY SRI. SOMASHEKAR T., ADVOCATE FOR SRI. B.B. PATIL, ADVOCATE FOR R4 SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R5) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED JUDGEMENT AND ORDER DATED 10.01.2025 PASSED IN WP No-21037/2024 (LA) BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT AND CONSEQUENTLY ALLOW THE WP IN TOTO IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This writ appeal is filed impugning the order dated 10.01.2025 passed by the learned Single Judge in W.P.No. 21037 of 2024 (LA). - 4 - HC-KAR NC: 2025:KHC:48478-DB WA No. 288 of 2025 2. The parties herein are referred to as per their ranking in the writ petition. 3. Heard Sri.Aravind Ramesh, learned counsel appearing for the appellant and Sri.Somashekar.T., learned counsel appearing for Respondent No.4. 4. The petitioners had filed the writ petition seeking quashing of the learned Single Judge order dated 06.04.2024 and Possession Certificate dated 22.05.2024 issued in favour of Respondent Nos.1 and 2 by the Karnataka Industrial Development Board (KIADB) in respect of some sites allegedly left behind by the late father of the petitioner. 5. The counsel for the petitioners submit that the letter of allotment dated 06.04.2024 and possession certificate dated 22.05.2024 have been issued in favour of Respondent Nos.1 and 2 on the basis of compromise decree, in which the petitioners were not the parties. - 5 - HC-KAR NC: 2025:KHC:48478-DB WA No. 288 of 2025 6. The petitioners and Respondent Nos.1 and 2 are the legal heirs of late Sri.M.Ramaiah. A suit in respect of the same subject matter is pending before the competent Civil Court in O.S.No.3945 of 2016 filed by Respondent No.1 against appellant No.1. 7. The learned Single Judge having noted these facts and also that the civil dispute in O.S.No.3945 of 2016 is pending between the parties and considering the stand taken by the KIADB before the learned Single Judge that the petitioners would be at liberty to seek redressal of their grievance after determination of their rights in the pending O.S.No.3945 of 2016, has been of the view that there is no ground to interfere in the writ proceedings. 8. Learned counsel for the appellants submit that under the garb of the collusive decree, as the KIADB issued allotment letters dated 06.04.2025 and possession certificate dated 22.05.2024, Respondent Nos.1 and 2 are trying to take possession of the land. - 6 - HC-KAR NC: 2025:KHC:48478-DB WA No. 288 of 2025 9. If that be the case, the petitioners should approach the competent Civil Court seeking injunction to the extent which, they think, requires an interference by the Trial Court in the suit. However, we do not find any ground to interfere with the impugned order passed by the learned Single Judge. We dismiss the writ appeal with liberty to the petitioners to approach the competent Civil Court seeking the relief of temporary injunction or permanent injunction as the case may be. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE DH List No.: 1 Sl No.: 21 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA