- 1 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 11605 OF 2025 (GM-CPC) BETWEEN: 1. SRI CHAITANYA MANOHAR, SON OF LATE MANOHAR M., AGED ABOUT 50 YEARS, RESIDING AT NO. 149, 1ST MAIN ROAD, M.L.A. LAYOUT, R.T. NAGAR, BENGALURU – 560 032. 2. SRI M. SRINIVAS PRASAD, SON OF LATE MANOHAR M., AGED ABOUT 54 YEARS, RESIDING AT 'SRINIVAS', 6TH AVENUE PRESTIGE WOODSIDE, I.V.R.I. ROAD, AVALAHALLI, DODDABALLAUR MAIN ROAD, YELAHANKA, BENGALURU – 560 064. 3. SMT. M. CHANDRAPRABHA, W/O LATE M. MANOHAR, AGED ABOUT 70 YEARS, RESIDING AT NO. 149, 1ST MAIN ROAD, M.L.A. LAYOUT, R.T. NAGAR, BENGALURU – 560 032. …PETITIONERS (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) AND: 1. SMT ARATI, D/O LATE M. MADHUSUDHAN, AGED ABOUT 59 YEARS, RESIDING AT NO.22, 16TH CROSS, J.P. NAGAR, 5TH PHASE, BENGALURU – 560 078. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 2. SMT. KIRAN, D/O LATE M. MADHUSUDAN, AGED ABOUT 57 YEARS, RESIDING AT NO.76, KARISHMA HILLS, 80 FT. ROAD, GUBBALALA, BENGALURU – 560 061. 3. SRI AVINASH M. A., S/O LATE M. MADHUSUDHAN, AGED ABOUT 54 YEARS, RESIDING AT NO.3/28, 47TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU – 560 018 SHRI. M. NAGARAJ DEAD BY LRS 4. SMT.BHAGYA NAGARAJ AGED MAJOR, WIFE OF LATE NAGARAJ, 5. SRI.YASHWANTH NAGARAJ AGED ABOUT MAJOR, SON OF LATE NAGARAJ, 6. SRI.AJAY NAGARAJ AGED MAJOR, SON OF LATE NAGARAJ, 7. SRI. NAVEEN NAGARAJ AGED MAJOR, SON OF LATE NAGARAJ, ALL 4 TO 7 ARE R/AT NO.71, 5TH MAIN ROAD, CHAMARAJPET, BENGALURU – 560 018. …RESPONDENTS (BY SMT. PARVATHY NAIR, FOR SRI. AMAN N.L., ADVOCATES FOR R1 TO R3; SRI. S. SUBHASH, ADVOCATE FOR R4 TO T7) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RECALL AND REVIEW THE - 3 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 ORDER DATED 19.02.2024 PASSED BY THIS HON’BLE COURT IN W.P. NO. 2459/2024 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition petitioners seek for the following reliefs:- “(i) RECALL AND REVIEW the order dated 19.02.2024 passed by this Hon’ble Court in W.P.No.2459/2024 vide Annexure-A. (ii) DISMISS W.P.No.2459/2024 vide Annexure-A filed by Respondent Nos.1 to 3 with exemplary cost. (iii) ISSUE such other and further reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for both parties and perused the material on record. 3. A perusal of the material on record will indicate that respondent Nos.1 to 3 herein preferred W.P.No.2459/2024 against respondent Nos.4(a) to 4(d) i.e., against the legal representatives of Sri. M. Nagaraj and others, which was disposed of by this Court vide final order dated 19.02.2024 as hereunder: - 4 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 “BETWEEN: 1. SMT. ARATI, DAUGHTER OF LATE MR. MADHUSUDHAN AGED ABOUT 59 YEARS RESIDING AT NO. 22, 16TH CROSS J. P. NAGAR, 5TH PHASE, BENGALURU - 560 078. 2. SMT. KIRAN, DAUGHTER OF LATE MR. MADHUSUDHAN AGED ABOUT 57 YEARS RESIDING AT NO. 76 KARISHMA HILLS 80 FT ROAD, GUBBALALA BENGLAURU - 560 061. 3. SHRI. M. A. AVINASH S/O LATE M. MADHUSUDHAN AGED ABOUT 54 YEARS R/AT NO.3/28, 47TH CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU - 560 018, …PETITIONERS (BY SRI. SREEVATSA, SR. COUNSEL FOR SMT. PARAVATHY R. NAIR, ADVOCATE) AND: 1. SHRI M. NAGARAJ, DEAD BY LRS., 1a. SMT. BHAGYA NAGARAJ AGED MAJOR, WIFE OF LATE NAGARAJ, 1b. SRI. YASHWANTH NAGARAJ, AGED ABOUT MAJOR SON OF LATE NAGARAJ, 1c. SRI. AJAY NAGARAJ AGED MAJOR, SON OF LATE NAGARAJ, 1d. SRI. NAVEEN NAGARAJ, AGED MAJOR, SON OF LATE NAGARAJ ALL ARE R/AT NO.71, 5TH MAIN ROAD, CHAMARAJPET BENGALURU - 560 018. - 5 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 2. SHRI. M. KRISHNAMURTHY SON OF LATE D. R. MADHAVAKRISHNAIAH AGED ABOUT 90 YEARS R/AT NO. 73/1, V MAIN ROAD, CHAMARAJPET BENGALURU - 560 018. 3. SHRI M. MANOHAR, SON OF LATE D. R. MADHAVAKRISHNAIAH AGED ABOUT 79 YEARS R/AT NO.71, V MAN ROAD, CHAMARAJPET, BENGALURU - 560 018. 4. SHRI VENKATARAMAIAH HUSBAND OF LATE M GOWRAMMA MAJOR 5. SHRI B V SHRIDHAR SON OF M VENKATARAMAIAH AGED ABOUT 69 YEARS 6. SHRI. B. V. SRIKUMAR, SON OF M VENKATARAMAIAH AGED ABOUT 67 YEARS RESPONDENTS 4-6 ARE RESIDING AT NO. 63M “GAURI NIVAS”, 5TH MAIN ROAD, CHAMARAJPET BENGALURU - 560 018. 7. SMT. B V ANJANA DEVI DAUGHTER OF SRI VENKATARAMAIAH AGED ABOUT 65 YEARS RESIDING AT NO. 566, 21ST MAIN RAOD, JAYANAGARA, BENGALURU- 560 011. 8. SHRI. SRIKANTH SON OF DR R. SRINIVASAIAH AGED ABOUT 65 YEARS RESIDING AT NO.31, GAVIPURAM EXTENSION BENGALURU - 560 011. 9. SHRI PRASHANTH SON OF DR. R. SRINIVASIAH AGED ABOUT 59 YEARS R/AT NO. 31, GAVIPURAM EXTENSION BENGALURU - 560 011. 10. SMT. K. KUSUMA DAUGHTER OF LATE D R MAHAVAKRISHNAIAH, WIFE OF R THIRUMALRAJ - 6 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 MAJOR RESIDING AT LIC MODEL HOUSING CO - OPERATIVE SOCIETY WEST OF CHORD ROAD, BENGALURU - 560 010. 11. SMT. M. NANDADEVI, DAUGHTER OF LATE D R MADHAVAKRISHNAIAH WIFE OF RAMAMURTHY MAJOR RESIDING AT NO. 99, D/2 BULL TEMPLE ROAD, BASAVANAGUDI, BENGALURU - 560 019. 12. M/S T R MILLS PRIVATE LIMITED REGISTERED OFFICE AT 5TH MAIN RAOD, CHAMARAJPET, BENGALURU- 560 018. 13. M/S CHANDRA SPINNING AND WEAVING MILLS (P) LIMITED REGISTERED OFFICE AT 5TH MAIN ROAD CHAMARAJPET BENGALURU - 560 018 …RESPONDENTS (BY SRI. S. SUBHASH AND SMT. SURABHI B.L.,ADVOCATE FOR C/R2 AND R3 AND ALSO R1(A TO D)) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE HONBLE TRIAL COURT DTD 21.12.2023 VIDE ANNEXURE-A IN THE INTERIM APPLICATION FILED ON 31.10.2023 IN MISCELLANEOUS PETITION NO.25134/2014 PENDING CONSIDERATION ON THE FILE OF THE XXVIII ADDL. CITY CIVIL SESSIONS JUDGE, MAYOHALL BENGALURU AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER In this petition, petitioner is aggrieved by the impugned order at Annexure – A dated 21.12.2023 passed by the XXVIII Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bangalore whereby the application filed by the petitioner under Section 151 CPC, restraining the respondents from alienating, encumbering and creating any - 7 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 third party rights over the suit schedule properties and to maintain status-quo in respect of the suit schedule properties was rejected by the Trial Court. 2. A perusal of the material on record will indicate that the deceased respondent No.1-M.Nagaraj who is represented by his wife and children instituted a suit in O.S.No.10363/1987 for partition and separate possession of his alleged share in he suit schedule immovable properties comprising of immovable and movable of A,B,C and D schedule properties. In the said suit, one Mr.Madusudhan was arrayed as defendant No.2 and he entered appearance and contested the suit. However, upon his demise, the petitioners were brought on record as his heirs and LRs. It is contended that the petitioners were not served with notice or suit summons in the said suit which culminated in the judgment and decree dated 24.05.2005 in favour of the plaintiffs. Subsequently, on 20.07.2014, petitioners filed the instant Miscellaneous petition seeking setting aside of the said judgment and decree passed by the Trial Court. The said miscellaneous petition is being contested by the respondents herein. 3. During the pendency of the petition, the petitioners filed the instant application seeking a direction to the respondents to maintain status-quo and not to alienate, encumber or create any third party rights over the suit schedule properties. The said application having been opposed by the respondents, the Trial Court proceeded to pass the impugned order rejecting the application, aggrieved - 8 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 by which the petitioners are before this Court by way of the present petition. 4. Though several contentions having been urged by both sides in the present petition as well as in Misc.No.25134/2014, learned Senior counsel for he petitioners on instructions submits that the limited request of the petitioners in the present petition is for a direction to the LRs of deceased respondent No.1–M.Nagaraj not to alienate, encumber or create any third party rights over Item No.1 of the plaint A schedule property bearing No.71, 5th main road, Chamarajpet, Bangalore – 560018, till disposal of the miscellaneous petition within a stipulated time frame. 5. Per contra, learned counsel for the LRs of respondent No.1 submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the impugned order will indicate that the said Misc. Petition is posted before the Trial Court on 01.03.2024. Under these circumstances, without expressing any opinion on the merits/demerits on rival contentions, I deem it just and appropriate to dispose of this petition by modifying the impugned order and by directing only the petitioners and the legal representatives of respondent No.1 not to alienate, encumber or create any third party rights over the schedule A property till the disposal of the Misc.No. 25134/2014 in accordance with law. The Trial Court is directed to dispose of Misc.No.25134/2014 on or before by 31.07.2024. - 9 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 7. Subject to the aforesaid directions, the petition stands disposed of. “ 4. As can be seen from the cause title of the aforesaid order passed by this Court in W.P.No.2459/2024, one Sri. M. Manohar was arrayed as respondent No.3 in the said W.P.No.2459/2024. The petitioners in the present petition i.e., in W.P.No.11605/2025 claimed to be the legal representatives of the aforesaid Sri. Manohar, who was arrayed as respondent No.3 in the said W.P.No.2459/2024. It is the grievance of the petitioners that the aforesaid final order dated 19.02.2024 is working great hardship and prejudice to the petitioners and would affect the valuable rights of the petitioners and as such, the petitioners herein under W.P.No.11605/2025 have been constrained to file the present petition. 5. Learned counsel for respondent No.3 submits that there is no merit in the petition and that the same is liable to be dismissed. 6. Though several contentions have been urged by both sides in support of their respective claims in the pending - 10 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 Mis.No.25134/2014 and MFA No.4242/2025, at paragraph No.6 of this Court’s final order dated 19.02.2024 passed in W.P.No.2459/2024, this Court directed Smt. Arathi, Sri. Kiran and Sri. M.A. Avinash (respondent Nos.1 to 3 in W.P.No.11605/2025), who were writ petitioners and W.P.No.2459/2024 as well as legal representatives of Sri. M. Nagaraj (respondent Nos.1(a) to 1(d) in W.P.No.2459/2024) and respondent Nos.4(a) to 4(d) in W.P.No.11605/2025 not to alienate, encumber or create third party rights over the suit schedule property, till disposal of Mis.P.No.25134/2014. It is therefore clear that the said final order passed by this Court would be applicable and binding upon the respondents herein i.e., respondents in W.P.No.11605/2025, who were parties, against whom the said order was passed in W.P.No.2459/2024 and directions issued therein would neither be applicable to the petitioners in W.P.No.11605/2025 nor would be binding upon them. 7. Under these circumstances, W.P.No.11605/2025 is disposed of by clarifying that the aforesaid order passed by this Court in W.P.No.2459/2024 dated 19.02.2024 would be applicable only to Smt. Arathi, Sri. Kiran and Sri. M.A. Avinash, who were - 11 - HC-KAR NC: 2025:KHC:44774 WP No. 11605 of 2025 petitioners in W.P.No.2459/2024 and Smt. Bhagya Nagaraj, Sri. Yashwanth Nagaraj and Sri. Ajay Nagaraj and to Sri. Naveen Nagaraj who were respondent Nos.1 (a) to 1(d) in W.P.No.2459/2024 and the said order would not be applicable to the petitioners in the present W.P.No.11605/2024. 8. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 29