- 1 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 5229 OF 2024 (GM-CPC) BETWEEN: 1. RAGHUNANDA S/O LATE RAMESH AGED ABOUT 33 YEARS R/A HOSAKOPPALU VILLAGE HANAGODU HOBLI HUNSUR TALUK MYSORE DISTRICT 2. RASHMI H.V W/O RAGHUNANDA AGED ABOUT 28 YEARS PERMANENTLY RESIDING AT HOSAKOPPALU VILLAGE HANAGODU HOBLI HUNSUR TALUK MYSORE DISTRICT PRESENTLYR RESIDING AT BASALAPURA, RAVANDUR HOBLI PERIYAPATNA MYSORE DISTRICT-571 107 …PETITIONERS (BY SRI. KITTU S AND SRI. AKASH V.T, ADVOCATES) AND: 1. SMT. BHARATHI MANJU W/O LATE P.B. MANJUNATH AGED ABOUT 63 YEARS NO.126/B, 2ND MAIN Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 10TH CROSS, VIDYARANYAPURAM MYSORE-571 107 2. SMT. P.B. NAGARATHNA D/O LATE SADASHIVAMMA W/O LATE NANJUNDAPPA AGED ABOUT 70 YEARS R/A 702, PETE DODDA BEEDI PERIYAPATNA MYSURU-571 107 3. H.J. YASHVANTHKUMAR H.N. JAYAKUMAR AGED ABOUT 36 YEARS R/AT NO.69, 2ND FLOOR 2ND CROSS, 6TH MAIN HVR LAYOUT, PRASHANTH NAGARA NEAR BLUE BIRD LAUNDRY BANGALORE-560 079 4. H.N. JAYAKUMAR H/O LATE P.B. KATHYAYINI AGED ABOUT 65 YEARS R/AT NO.69, 2ND FLOOR 2ND CROSS, 6TH MAIN HVR LAYOUT, PRASHANTH NAGARA NEAR BLUE BIRD LAUNDRY BANGALORE-560 079 5. SRI. P.B. SHIVANANDA S/O LATE D. BASAVANNA AGED ABOUT 78 YEARS RTD. KSRTC EMPLOYEE R/AT NO.1454, II STAGE SRIRAMPURA, KUVEMPUNAGARA MYSORE-570 023 6. SMT. SAROJA W/O LATE P.B. RAMALINGESH AGED ABOUT 58 YEARS R/AT 2808, DEVAMMA BUILDING - 3 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 2ND MAIN, JAYANAGARA MYSORE-570 014 7. SRI. HEMANTH KUMAR S/O LATE P.B. RAMALINGESH AGED ABOUT 26 YEARS R/AT 2808, DEVAMMA BUILDING 2ND MAIN, JAYANAGARA MYSORE-570 014 8. ISMAIL KHAN (MAJOR) S/O KAREEM KHAN TENANT IN ASSESSMENT NO.841 B.M.ROAD, PERIYAPATNA MYSORE DISTRICT-571 107 …RESPONDENTS (BY SRI. NANJUNDA SWAMY N, ADVOCATE FOR R1 AND R2; R5 SERVED -UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 2.2.24 PASSED IN RA NO. 5006/2024 BY THE HON'BLE VIII ADDL. DISTRICT AND SESSIONS COURT, MYSURU SITTING AT HUNSUR AT ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION FILED BY THE PETITIONER I.E, I.A NO. 2/24 UNDER ORDER 41 RULE 5 SEEKING TO STAY THE OPERATION, IMPLEMENTATION AND EXECUTION OF THE JUDGEMENT AND DECREE DATED 26.10.23 IN F.D.P. NO. 09/2018 AT ANNEXURE-D AND APPLICATION UNDER ORDER 39 RULE 1 AND 2 OF CPC, 1908 SEEKING TO PASS AN EXPARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION RESTRAINING THE RESPONDENTS OR THEIR AGENTS, REPRESENTATIVES FROM ALIENATING, - 4 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 ENCUMBERING OR CREATING THIRD PARTY INTEREST IN RESPECT OF SCHEDULE PROPERTY AT ANNEXURE-E. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are 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 02.02.2024 passed in RA No.5006/2024 by the Court of VIII Additional District and Sessions Judge, Mysuru, sitting at Hunsuru. 2. Heard the learned counsel for the parties. 3. Facts leading to filing of this writ petition narrated briefly are suit in OS No.42/2010 was filed by respondent No.1 herein before the jurisdictional Civil Court at Hunsur sitting at Periyapatna seeking the relief of partition of the suit schedule properties and also mesne profits. In the said suit, preliminary decree was passed on 25.02.2014 and it was held that plaintiff is entitled for 1/5th share in suit schedule Item Nos.1 to 6 and 9 to 11 properties. Item Nos.7 and 8 of the suit schedule - 5 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 properties were kept out of partition. Subsequently, plaintiff had initiated final decree proceedings in FDP No.9/2018 which was allowed on 26.10.2023. Challenging the said order, petitioners herein have filed RA No.5006/2024 which is pending consideration before the Court of VIII Additional District and Sessions Judge, Mysuru. In the said appeal, IA No.1 was filed under Order XXXIX Rule 1 and Rule 2 of CPC seeking an ad- interim order of temporary injunction restraining the respondents in the appeal from alienating or creating any third party rights in the suit schedule properties. IA No.2 was filed under Order XLI Rule 5 of CPC to stay further proceedings in Execution Case No.41/2024 which was filed by the decree holders. The Appellate Court had issued notice on the said applications to respondents and it is under these circumstances, petitioners are before this Court assailing the order dated 02.02.2024 passed in RA No.5006/2024 under which notice was issued in the aforesaid two applications to the respondents. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that petitioners have a - 6 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 good case in appeal. In the event, the execution proceedings in Execution Case No.41/2024 which is filed to implement the final decree proceedings, which is challenged in RA No.5006/2024 is allowed to continue, the petitioners will be put to hardship. He submits that in event the suit schedule properties are alienated or any third party right is created, the petitioners will be put to hardship. Considering the aforesaid aspects of the matter, this Court has granted an interim order directing the parties not to alienate, encumber or create third party right over the suit schedule properties on 22.02.2024 and the said order is in force as on this date. He submits that till the Appellate Court considers the IA filed under Order XXXIX Rule 1 and Rule 2 of CPC, the aforesaid interim order may be continued. 5. Per contra, learned counsel for respondent Nos.1 and 2 submits that execution proceedings in Execution Case No.41/2024 is already closed. He submits that two separate execution cases in Execution Case No.41/2024 and Execution Case No.43/2024 were filed before the Trial Court to execute the final decree passed in FDP No.09/2018 and both the execution cases are now closed. Therefore, the prayer made in - 7 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 the application filed by the petitioners under Order XLI Rule 5 of CPC, has been rendered infructuous. He submits that respondent Nos.1 and 2 have no objection to continue the interim order granted by this Court till the application filed on behalf of the petitioners in RA No.5006/2024 under Order XXXIX Rule 1 and Rule 2 of CPC is considered on merits and disposed off. 6. The submissions made on both sides is placed on record. 7. Learned counsel for respondent Nos.1 and 2 has produced the order sheet in Execution Case Nos.41/2024 and 43/2024, which is filed by the Decree Holders and defendant No.4 respectively to execute the final decree passed in FDP No.9/2018, the aforesaid two execution cases are closed on 09.04.2025. Therefore, as rightly contented by learned counsel for respondent Nos.1 and 2, the prayer made in IA filed under Order XLI Rule 5 of CPC by the petitioners in RA No.5006/2024 is already rendered infructuous. Insofar as the prayer made in application filed under Order XXXIX Rule 1 and 2 of CPC by the petitioners in RA No.5006/2024 is considered, this Court on 22.02.2024 while issuing emergent notice to the respondents - 8 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 has directed the parties not to alienate, encumber or create third party rights over the suit schedule properties and the said interim order is operating as on this date. Undisputedly, the application filed on behalf of the petitioners under Order XXXIX Rule 1 and Rule 2 of CPC in RA No.5006/2024, pending before the Court of VIII Addl. District and Sessions Court, Mysuru, sitting at Hunusuru, is not heard and disposed off as on this date. Therefore, I am of the opinion that if the interim order granted by this Court on 22.02.2024 is continued till the disposal of the said application and if a request is made to the Appellate Court to consider the application filed by the petitioners in RA No.5006/2024 under Order XXXIX Rule 1 and Rule 2 of CPC expeditiously, the same would serve the ends of justice. Accordingly, the following:- ORDER (i) The writ petition is disposed off with a request to the Court of VIII Additional District and Sessions Judge, Mysuru, sitting at Hunsuru, to consider and dispose off IA No.4 in RA No.5006/2024 filed on behalf of the petitioners under Order XXXIX Rule 1 and Rule 2 of CPC as expeditiously as possible but not later than a - 9 - HC-KAR NC: 2025:KHC:44622 WP No. 5229 of 2024 period of four months from the date of receipt of a certified copy of this order. (ii) The interim order granted by this Court in this petition on 22.02.2024 shall enure to the benefit of the petitioners till the disposal of IA No.4 filed in RA No.5006/2024. 8. In view of the disposal of the main petition, pending interlocutory application if any, does not survive for consideration. Accordingly, the same is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 23