- 1 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 23175 OF 2023 (GM-CPC) BETWEEN: 1. SRI.P. VENKATESH, S/O LATE PILAPPA, AGED ABOUT 43 YEARS, R/AT DOOR NO.3, KARUBELE VILLAGE, KASABA HOBLI, CHIKKA ANKANDAHALLI POST, BANGARPET TALUK, KOLAR DISTRICT - 563 114. …PETITIONER (BY SRI.N.SRININAS., ADVOCATE FOR SRI.P B RAJU., ADVOCATE) AND: 1. SRI MUNIRAJU, S/O LATE HANUMANTHAPPA, AGED ABOUT 41 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 2. MR KRISHNA, S/O LATE HANUMATHAPAP, AGED ABOUT 31 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 3RD DEFENDANT PUTTAMMA DIED DURING PENDENCY OF THE SUIT HER LRS ARE RESPONDENTS NO.4 TO 6. 3. SMT.JAYALAKSHMAMMA, D/O LATE PILLAPPA, AGED ABOUT 39 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 4. SRI.RAJAPPA, S/O LATE PILLAPPA, AGED ABOUT 32 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 5. MR.DEVRAJ, S/O LATE PILLAPPA, AGED ABOUT 29 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETET TALUK, KOLAR DISTRICT - 563 114. 6. MRS.MANJULA, DAUGHTER IN LAW OF LATE RAMAIAH, WIFE OF LATE MUNINARAYANA, AGED ABOUT 36 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETET TALUK, KOLAR DISTRICT - 563 114. 7. MR KRISHNAMURTHY, SON OF RAMAIAH, - 3 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 AGED ABOUT 39 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETET TALUK, KOLAR DISTRICT - 563 114. 8. MRS.DODDATHAYAMMA, D/O LATE BYRAPPA, AGED ABOUT 66 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETET TALUK, KOLAR DISTRICT - 563 114. 9. MRS.CHIKKATHAYAMMA, D/O LATE BYRAPPA, AGED ABOUT 61 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETET TALUK, KOLAR DISTRICT - 563 114. 10. SRI.MANSOOR HYDER, S/O LATE SRI HYDER SAB.S, AGED ABOUT 29 YEARS, R/AT NO.317/1, TANK ROAD, BUDIKOTE, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 11. SRI.MANSOOD HYDER, S/O LATE SRI HYDER SAB.S, AGED ABOUT 23 YEARS, R/AT NO.317/1, TANK ROAD, BUDIKOTE, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 12. SRI.S AJEEJ, - 4 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 S/O C K SEELAR SAB, S/O LATE C K SILAR SAB, AGED ABOUT 69 YEARS, R/AT NO.317/1, TANK ROAD, BUDIKOTE, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 13. SRI.PASHISABI S, C/O LATE C K SILAR SAB, AGED ABOUT 69 YEARS, R/AT NO.317/1, TANK ROAD, BUDIKOTE, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 14. SRI.HABEEB S, C/O LATE C K SILAR SAB, AGED ABOUT 69 YEARS, R/AT NO.317/1, TANK ROAD, BUDIKOTE, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 15. SRI.S SHAFEEZ SAB, S/O LATE C K SILAR SAB, AGED ABOUT 69 YEARS, R/AT NO.317/1, TANK ROAD, BUDIKOTE, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 16. SRI.S J MUKRAM PASHA, S/O JABBAR PASHA S K, AGED ABOUT 49 YEARS, R/AT NO.22, PULIKESHI NAGAR, BOURILLON ROAD, BANGALORE. ALSO AT NO.22, BOURILLON ROAD, - 5 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 BEHIND ISMAIL SAIT MASJID, FRAZER TOWN, BANGALORE - 560 005. 17. SRI.SYED MAHAMOOD @ SYED MAHOOB, S/O SYED PASHA, AGED ABOUT 60 YEARS, R/AT NO.317/1, TANK ROAD, BUDIKOTE, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 18. SRI.MAHAMAD SABANULLA, C/O SATTHAR SAB C K, AGED ABOUT 51 YEARS, R/AT DHONIMADUGU VILLAGE AND POST, KAMASANDRA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 19. SRI.K V KRISHNAPPA, S/O VEMANNA, AGED ABOUT 55 YEARS, R/AT KARABELE VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 20. SMT.SHANTHAMMA, W/O JAYARAMAIAH, AGED ABOUT 52 YEARS, R/AT NO.2490, VIVEKANDA NAGAR, BANGARAPETE TOWN, KOLAR DISTRICT - 563 114. 21. SRI.RAJAPPA, S/O LATE SANJEEVAPPA, - 6 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 AGED ABOUT 65 YEARS, R/AT BYREDDYPALLI VILLAGE AND POST, PALAMANERU TALUK, CHITTUR DISTRICT, ANDRA PRADESH - 517 408. 22. SRI.LOKESH KUMAR, S/O BAJIRAO, AGED ABOUT 42 YEARS, R/AT NO.734/2, OMKAR REPAINRI, KOTE ROAD, BANGARAPETE, KOLAR DISTRICT - 563 114. 23. SMT.SOWBAGYAMMA, W/O RAMAPPA, AGED ABOUT 51 YEARS, R/AT HULIBELE VILLAGE AND POST, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 24. SMT.B S JHOTHIPRIYA, W/O SRINIVAS, AGED ABOUT 40 YEARS, R/AT NO.4291, 1ST CROSS ROAD, VIJAYANAGARA, BANGARAPETE TOWN, KOLAR DISTRICT - 563 114. 25. SRI.B S VASU, C/O SRINIVAS, AGED ABOUT 41 YEARS, R/AT NO.4291, 1ST CROSS ROAD, VIJAYANAGARA, BANGARAPETE TOWN, KOLAR DISTRICT - 563 114. 26. SRI VIJIKUMAR, - 7 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 S/O GUTTHEPPA, AGED ABOUT 55 YEARS, R/AT KARABELE VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 27. SRI.RAMAKRISHNAPPA, S/O GUTTHEPPA, AGED ABOUT 47 YEARS, R/AT DHONIMADUGU VILLAGE AND POST, KAMASANDRA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 28. SMT.ANASUYAMMA, C/O VASU, AGED ABOUT 42 YEARS, R/AT DODDERI MAJARA NEW VILLAGE, BUDIKOTE HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 29. SRI MUNIVENKATAPPA, S/O GUTTHEPPA, AGED ABOUT 57 YEARS, R/AT DHONIMADUGU VILLAGE AND POST, KAMASANDRA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 30. SRI GANTLAPPA, S/O MUNIYAPPA, AGED ABOUT 51 YEARS, R/AT GUNDARLAHALLI VILLAGE, DHONIMADUGU POST, KAMASANDRA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. - 8 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 31. SRI MUNISWAMIREDDY, S/O PAPIREDDY, AGED ABOUT 52 YEARS, R/AT GUNDARLAHALLI VILLAGE, DHONIMADUGU POST, KAMASANDRA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 32. SRI HANUMAPPA, S/O BYRAPPA, AGED ABOUT 50 YEARS, R/AT KARUBELE VILLAGE, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563 114. 33. SRI SHAIKH ZABEER, S/OA BDUL BASHEER, AGED ABOUT 41 YEARS, R/AT NO.3460, NEAR ELAHI MASJID, C RAHIM NAGAR, WARD NO.2, BANGARPET TOWN, KOLAR DISTRICT - 563 114. …RESPONDENTS (BY SRI.SUJAYEENDRA S., ADVOCATE FOR R-10, R-11, R-14 AND R-15) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE HONBLE TRIAL COURT RECORDS AND SET ASIDE THE FOLLOWING ORDERS. i) ORDER PASSED BY THE HONBLE III ADDL. DISTRICT AND SESSIONS JUDGE KOLAR (SITTING AT KGF) DATED 22/09/2023 IN MA NO. 53/2022 THEREBY DISMISSING MISCELLANEOUS APPEAL FILED BY THE PETITIONER / PLAINTIFF UNDER ORDER XLIII RULE 1 (r) OF THE CODE OF CIVIL PROCEDURE - 1908. THE CERTIFIED COPY OF THE SAID - 9 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 ORDER IS ANNEXED HEREWITH AND MARKED AS ANNEXURE-A 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 22.11.2022 passed on I.A.No.1 in O.S.No.53/2018 and the order dated 22.09.2025 passed in M.A.No.53/2022 by the Court of III Additional District and Sessions Judge, Kolar (sitting at KGF). 2. Heard the learned counsel for the parties. 3. Petitioner had filed O.S.No.53/2018 before the Court of Additional Senior Principal Civil Judge and JMGC, KGF, Itinerary at Bangarapet, seeking the relief of the partition and separate possession of the suit schedule property. In the said suit, petitioner has filed I.A.No.1 under Order XXXIX Rule 1 and 2 with a prayer to restrain defendant Nos.11 to 30 or anybody claiming under them from creating any third party right in the suit schedule property. The said application was opposed by the - 10 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 contesting defendants by filing objections. The trial Court vide order dated 22.11.2022 had dismissed I.A.No.1 filed by the petitioner which was unsuccessfully challenged by the petitioner before the Appellate Court in M.A.No.53/2022 which was dismissed on 22.09.2023. It is under these circumstances petitioner is before this Court. 4. Learned Counsel for the petitioner having reiterated the grounds urged in this petition submits that only with an intention to avoid multiplicity of proceedings, I.A.No.1 was filed by the petitioner before the trial Court. He submits that even during the pendency of the suit, multiple sale deeds have been created in respect of the suit schedule property and thereby attempt is made to deny the petitioner his share in the suit schedule property. 5. Per contra, learned counsel appearing for caveat respondent submits that contesting respondents have purchased several items of the suit schedule properties under sale deeds which here executed from the year 1986-87 onwards for which Pillappa who is the father of the petitioner is a party. Pillappa has died on 20.04.2013 and during his life - 11 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 time he had not challenged the sale deeds. It is only after his death, in the year 2018 petitioner has filed the present suit. He has suppressed material facts and therefore, the trial Court had rightly rejected his prayer made in I.A.No.1. He submits that trial in the case has already commenced and accordingly prays to dismiss this petition. 6. The petitioner claims that suit schedule property belonged to his grandfather Byrappa which was purchased by him under a registered sale deed in the year 1954. 7. Perusal of the material on record would go to show that children of Byrappa including late Pillappa who is the father of the petitioner have executed multiple sale deeds during the period from 1986-87 to 1995-96 and the contesting defendants have purchased the suit schedule property under the sale deeds which were executed during the aforesaid period. Petitioner's father Pillappa died on 20.04.2013. During his life time he had not questioned any of the sale deeds to which he was a party. According to the petitioner the signature of Pillappa found in the sale deeds are forged signatures and they do not belong to his father Pillappa. - 12 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 8. The Trial Court as well as Appellate Court having taken note of the fact that pursuant to the sale deeds which were executed in favour of the contesting defendants by the family member of Byrappa including the father of the petitioner, the revenue entries in respect of the lands which were subject matter of the sale deeds under which the suit schedule properties were purchased by the contesting defendants were all transferred in their respective name and at no point of time, either Pillappa or his relatives had questioned the validity of the sale deeds under which the suit schedule property have been purchased by the contesting defendants. It is also noticed that O.S.No.1/2022 is filed by the defendant Nos.14 and 15 to the present suit against the petitioner and his mother for a decree of permanent injunction, after they tried to interfere with the properties which are subject matter in O.S.No.1/2022 and in the said suit, in the written statement, petitioner and his mother have admitted the flow of title. However, the same is suppressed in the present suit by the petitioner and therefore, the trial Court as well as the appellate Court have also observed that petitioner has not approached the Court with clean hands. It is under these circumstances, - 13 - HC-KAR NC: 2025:KHC:39588 WP No. 23175 of 2023 the trial Court as well as Appellate Court, have refused to grant the discretionary relief of temporary injunction to the petitioner. The suit is of the year 2018 and for the last more than seven years petitioner has no benefit of the order of temporary injunction for which he has prayed. 9. Learned counsel appearing for the respondent has brought to the notice of this Court that the trial Court in the suit has already commenced and the petitioner has been now examined as P.W-1. Under the circumstances, I am of the opinion that the petition does not merit consideration. Accordingly, the writ petition is dismissed with a request to the trial Court to expedite the trial in the suit and dispose of the same on merits as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 16