- 1 - HC-KAR NC: 2025:KHC:30986 WP No. 7931 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 7931 OF 2024 (GM-CPC) BETWEEN: PRAMILA W/O SRINIVASAMURTHY AGED ABOUT 81 YEARS R/O KAMALANAGARA KIRLOSKAR LAYOUT RAJAJINAGARA BENGALURU - 560 010. …PETITIONER (BY SRI. S V PRAKASH, ADVOCATE) AND: 1. MYLARASHETTY S/O C K RAMASETTY AGED ABOUT 88 YEARS R/AT NO.2879-A-1 SAPTHAGIRI NILAYA 4TH CROSS CHAMUNDIPURAM MYSURU - 570 004. 2. K R LAKSHMI W/O K S RAJENDRA AGED ABOUT 56 YEARS R/O C/O SUNDAR HARDWARE BERUR- 577 116, KADUR TALUK Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30986 WP No. 7931 of 2024 CHIKKAMAGALURU DISTRICT. 3. PADMALATHA W/O R PRAKASH AGED ABOUT 54 YEARS R/AT NO 2879-A-1 SAPTHAGIRI NILAYA 4TH CROSS CHAMUNDIPURAM MYSURU - 570 004. 4. THULASARAM S/O BINJARAM AGED ABOUT 50 YEARS R/O VIDYANAGAR EXTENSION NEAR DASHAVATHARA TEMPLE, CHIKKANAYAKANAHALLI C N HALLI TALUK, TUMAKURU -572 214. …RESPONDENTS (BY SRI. S. RAJENDRA, ADVOCATE FOR C/R4; R1 TO R3 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 27.01.2024 PASSED BY THE COURT OF LEARNED V ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT TIPTUR, IN M.A NO. 10002/2023 CONFIRMING THE ORDER DATED 14.09.2023 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, CHIKKANAYAKANAHALLI ON IA NO.1 IN O.S.NO. 24/22 PRODUCED AS PER ANNEXURES-H AND G TO THE WRIT PETITION RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:30986 WP No. 7931 of 2024 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Plaintiff is before this Court being dissatisfied with rejection of application filed under Order XXXIX Rules 1 and 2 in I.A.No.I in O.S.No.24/2022 on the file of Senior Civil Judge and JMFC, Chikkanayakanahalli, which order was confirmed in M.A.No.10002/2023. 2. The above suit in O.S.No.24/2022 is filed by the plaintiff for relief of partition and separate possession of suit schedule property. The only contesting respondent/defendant in the suit is defendant No.31 who is respondent No.4 before this Court. 3. Learned counsel for petitioner submits all that the petitioner is seeking interim order directing respondent No.4/defendant No.31 not to create any third party interest over the suit property during the pendency of the suit as the same would avoid multiplicity of proceedings. - 4 - HC-KAR NC: 2025:KHC:30986 WP No. 7931 of 2024 4. Learned counsel for caveator/respondent No.4 on the other hand submits that there was a registered release deed entered into amongst the family members on 30.06.1965. In furtherance to the said release deed defendants 2 and 5 and wife of defendant No.1 conveyed the suit property in favour of respondent No.4 in terms of two separate registered sale deeds of even date dated 01.06.2022. He submits that the petitioner is preventing the respondent from enjoying the same in the manner known to law and has filed the present suit after lapse of over six decades and therefore the trial Court and first appellate Court had rightly declined to grant any interim order. Therefore, he submits that no grounds are made out warranting interference of the order. He further submits that the aforesaid deeds of conveyance have not been put to challenge in the suit. Hence, seeks for dismissal of the petition. 5. Heard. Perused the records. - 5 - HC-KAR NC: 2025:KHC:30986 WP No. 7931 of 2024 6. This Court by order dated 11.09.2024 had directed the parties to maintain status quo in respect of the suit schedule property. 7. Since the trial Court and first appellate Court have already gone into the principles governing grant of interim order and having found there being no prima facie case declined to favour the plaintiff. This Court do not see any reason to interfere with the same as no error of jurisdiction is pointed out. 8. Needless to state subject matter is governed by principles of Doctrine of Lis pendence. In other words should there be any transaction or alienation by defendant No.31/respondent No.4, in respect of the suit schedule property during the pendency of the suit, same would be governed under the said principles/provision of law. Petition is disposed of accordingly. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 42