- 1 - HC-KAR NC: 2025:KHC:44915 WP No. 15908 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15908 OF 2023 (GM-CPC) BETWEEN: OMKARESHWARA, S/O LATE NINGAPPA, AGED ABOUT 51 YEARS, CHILAKUR VILLAGE, MADHIHALLI HOBLI, BELUR TQ, HASSAN DISTRICT - 573 128. …PETITIONER (BY SRI. SHUBHANKAR C, ADVOCATE FOR SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: 1. SMT VEERAMMA, W/O LATE LINGAPPA, AGED ABOUT 72 YEARS, CHILAKUR VILLAGE, MADHIHALLI HOBLI, BELUR TQ, HASSAN DISTRICT - 573 128. 2. SRI TANDAVASHWARA, S/O LATE LINGAPPA, AGED ABOUT 47 YEARS, CHILAKUR VILLAGE, MADHIHALLI HOBLI, BELUR TQ, HASSAN DISTRICT - 573 128. 3. SMT. GOWRAMMA, W/O LATE SHANMUKHAIAH Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44915 WP No. 15908 of 2023 AGED ABOUT 67 YEARS, CHILAKUR VILLAGE, MADHIHALLI HOBLI, BELUR TQ, HASSAN DISTRICT - 573 128. …RESPONDENTS (BY SMT. KAVITHA H.C., ADVOCATE FOR R3; R1 AND R2 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS, SET ASIDE THE ORDER PASSED IN M.A.NO.20/2022 DTD 19/06/2023 VIDE ANNEXURE-F ON THE FILE IN THE COURT OF SR. CIVIL JUDGE AND JMFC AT BELUR, HASSAN AND THE ORDER OF TRAIL COURT ON IA NO.2 IN O.S.NO.98/2021 DTD 01/04/2022 ON THE FILE OF THE COURT OF CIVIL JUDGE AND JMFC, BELUR ANNEXURE-D 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 01.04.2022 passed on I.A.No.2 in O.S.No.98/2021 by the Court of Civil Judge and JMFC, Belur and the order dated 19.06.2023 passed - 3 - HC-KAR NC: 2025:KHC:44915 WP No. 15908 of 2023 in M.A.No.20/2022 by the Court of Senior Civil Judge and JMFC, Belur. 2. Heard the learned counsel for the parties. 3. Petitioner herein has filed O.S.No.98/2021 before Jurisdictional Civil Court seeking the relief of partition and allotment of share in the suit schedule property. The defendants in the suit have filed their written statement and have opposed the prayer made in the suit. I.A.No.2 was filed on behalf of the plaintiff in O.S.No.98/2021 under Order 39 Rule 1 and 2 of CPC which was opposed by the contesting defendants. The Trial Court vide order dated 01.04.2022 rejected I.A.No.2 and aggrieved by the same petitioner/ plaintiff had filed M.A.No.20/2022 which was also dismissed by the Court of Senior Civil Judge and JMFC, Belur Hassan District on 19.06.2023. Assailing the concurrent findings the petitioner/plaintiff is before this Court. - 4 - HC-KAR NC: 2025:KHC:44915 WP No. 15908 of 2023 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that this Court while issuing notice to the respondents has passed an interim order on 27.07.2023 directing the parties to the suit not to alienate, encumber or create any third party rights over the suit schedule properties and the said interim order is in operation for the last more than two years. He submits that this writ petition may be disposed of by extending the said interim order and the trial Court may be directed to dispose of the suit expeditiously. 5. Learned counsel appearing for the contesting respondent fairly does not oppose the prayer made by the learned counsel for the petitioner. 6. Submissions made on both sides placed on record. 7. This writ petition is disposed of with a request to the Trial Court to expedite trial in O.S.No.98/2021 and - 5 - HC-KAR NC: 2025:KHC:44915 WP No. 15908 of 2023 dispose of the suit on merits on or before 31.12.2026. The interim order granted by this Court in this petition on 27.07.2023 shall continue during the pendency of the suit. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 24