- 1 - HC-KAR NC: 2025:KHC-D:9961 WP No. 104562 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104562 OF 2025 (GM-CPC) BETWEEN: 1. SMT. GOWRAJJI KOTRAMMA W/O. LATE RAYARALU NEELAPPA, D/O. LATE RAYARALU NEELAPPA, AGE: 52 YEARS, OCC. HOUSE WIFE, R/O. MUDUKANAKATTE, KOTTURU, TQ. VIJAYANAGARA DISTRICT-532455. 2. SMT. KUDLIGI MANJAMMA W/O. LATE NAGGENDRAPPA, D/O. LATE RAYARALU NEELAPPA, AGE: 50 YEARS, OCC. HOUSE WIFE, R/O. CHAPPRADAHALLI, KOTTUR, TQ. VIJAYANAGARA DISTRICT-532455. …PETITIONERS (BY SRIYUTHS. PRAKASH R. BADIGER AND M.R. HIREMATHAD, ADVOCATE) AND: 1. SMT. RAYARALU CHANNAMMA W/O. LATE NINGAPPA, AGE: 61 YEARS, OCC. HOUSEWIFE. 2. RAYARALU NEELAPPA S/O. LATE NINGAPPA, AGE: 21 YEARS, OCC. AGRICULTURE, 3. RAYARALU MANJUNATHA S/O. LATE NINGAPPA Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9961 WP No. 104562 of 2025 AGE: 37 YEARS, OCC. AGRICULTURE, RESPONDENT NOS. 1 TO 3 ARE R/O. MUDUKANAKATTE, KOTTUR TQ., VIJAYANAGAR DISTRICT-532455. 4. SMT. KOTRAMMA @ KAVYA W/O. MANJUNATHA D/O. LATE NINGAPPA, AGE: 31 YEARS, OCC. HOUSE WIFE, R/O. CHEBBI VILLAGE, SHIRAHATTI TQ., GADAG DISTRICT-582120. 5. SMT. RENUKA IYYANNANAVAR W/O. HUCHESH IYYANNAVAR, D/O. LATE NINGAPPA, AGE: 45 YEARS, OCC. HOUSE WIFE, R/O. KALIBALA VILLAGE, HAVERI TQ. AND DISTRICT- 581110. 6. SMT. MAKI SUJATHA W/O. LATE MAKI KOTRAPPA, D/O. LATE NEELAPPA, AGE: 47 YEARS, OCC. HOUSE WIFE, R/O. MUDUKANAKATTE, KOTTUR TQ, VIJAYANAGAR DISTRICT-532455. 7. SHIVAKUMAR M.K. S/O. K. MAHANTHAPPA, AGE: 53 YEARS, OCC. AGRICULTURE, R/O. KOTTUR TOWN, VIJAYANAGARA DISTRICT-532455. 8. SMT. SHASHI PATIL W/O. LATE BHARAMANAGOUDA, AGE: 46 YEARS, OCC. HOUSE WIFE, R/O. HARAPANAHALLI ROAD, KOTTUR TOWN, VIJAYANAGARA DISTRICT-532455. …RESPONDENTS (BY SRI. J.S. SHETTY, ADVOCATE FOR C/RESPONDENT 8) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, A) ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED - 3 - HC-KAR NC: 2025:KHC-D:9961 WP No. 104562 of 2025 16.04.2025 IN M.A NO. 5016/2024 PASSED BY III ADDITIONAL DISTRICT AND SESSION JUDGE BALLARI (SITTING AT HOSAPETE) VIDE ANNEXURE-A AND SET ASIDE THE ORDER ON IA NO.1 DATED 15.10.2024 IN O.S NO. 128/2024 PASSED BY SENIOR CIVIL JUDGE AND JMFC HARAPNAHALLI VIDE ANNEXURE-D. B) GRANT SUCH OTHER RELIEF/S AS THIS HON BLE HIGH COURT DEEMS FIT CONSIDERING THE PRESENT FACTS AND CIRCUMSTANCES ON HAND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: A) Issue a writ in the nature of certiorari and quash the impugned order dated 16.04.2025 in M.A No. 5016/2024 passed by III Additional District and Session Judge Ballari (sitting at Hosapete) vide Annexure-A and set aside the order on IA No.1 dated 15.10.2024 in O.S No. 128/2024 passed by Senior Civil Judge and JMFC Harapnahalli vide Annexure-D. B) Grant such other relief/s as this Hon’ble High Court deems fit considering the present facts and circumstances on hand. - 4 - HC-KAR NC: 2025:KHC-D:9961 WP No. 104562 of 2025 2. A suit in OS No.128/2024 had been filed for partition. In the said suit, IA No.I had been filed for injunction restraining the respondents from alienating the properties. The said application came to be dismissed vide order dated 15.10.2024. An appeal was filed in MA No.5016/2024. The III Additional District and Sessions Judge, Ballari has also dismissed the appeal. Challenging both these orders the petitioners are before this Court. 3. The application which had been filed by the petitioners being one for injunction restraining the respondents from alienating the suit schedule properties and the suit being one for partition, all the properties would be substantially in issue making Section 52 of the Transfer of Property Act applicable. Thus, irrespective of any transaction being entered into by the respondents, during the pendency of this suit would be subject to the result of the suit. - 5 - HC-KAR NC: 2025:KHC-D:9961 WP No. 104562 of 2025 4. With the above observation, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA LIST NO.: 1 SL NO.: 91