- 1 - HC-KAR NC: 2025:KHC:33788 WP No. 14329 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 14329 OF 2025 (GM-CPC) BETWEEN: 1. SHOBHA P., D/O. LATE PRAKASH R., AGED ABOUT 26 YEARS, R/O. KURUBARAHALLY VILLAGE HIRIYUR TALUK - 577 599 CHITRADURGA DISTRICT. 2. YASHODHARA P., S/O. LATE PRAKASH R., AGED ABOUT 24 YEARS, R/O. KURUBARAHALLY VILLAGE, HIRIYUR TALUK - 577 599 CHITRADURGA DISTRICT. …PETITIONERS (BY SRI. SAMEER S.N., ADVOCATE) AND: 1. SMT. THIPPAMMA W/O. SANNA RANGAPPA DEAD BY HER LR'S DEFENDANT NO.2 TO 6 ON RECORD, 1. SRI RANGASWAMY S/O. SANNA RANGAPPA Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33788 WP No. 14329 of 2025 AGED ABOUT 49 YEARS, AGRICULTURIST, R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 502. 2. SMT. RAJESHWARI W/O. THIMMANNA AGED ABOUT 47 YEARS, AGRICULTURIST, R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 502. 3. SMT. GEETHA W/O. KRISHNAMURTHY AGED ABOUT 45 YEARS, AGRICULTURIST, R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 502. 4. SMT. PUSPHA W/O. SHIVANNA AGED ABOUT 43 YEARS, AGRICULTURIST, R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 502. 5. SRI. SRINIVASA S/O. SANNA RANGAPPA, AGED ABOUT 41 YEARS, AGRICULTURIST, R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 502. 6. SRI SANNAPPA S/O. BANDAPPA AGED ABOUT 81 YEARS, AGRICULTURIST, R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 502. - 3 - HC-KAR NC: 2025:KHC:33788 WP No. 14329 of 2025 7. SMT. JAYAMMA W/O. RANGASWAMY D/O. BANDAPPA, AGED ABOUT 72 YEARS, AGRICULTURIST, R/O. MADAKARIPURA VILLAGE, CHITRADURGA TALUK - 577 502. …RESPONDENTS (BY SRI. SAMEER S.N.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AT ANNX-A DTD 30.11.2024 PASSED BY THE HONBLE 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC AT CHITRADURGA REJECTING IA NO. 9 UNDER SEC 151 OF CPC IN O.S.NO.144/2018 AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri. Sameer S.N., learned counsel for the petitioners. 2. The plaintiff in O.S. No.144/2018, on the file of the II Additional Senior Civil Judge and JMFC, Chitradurga - 4 - HC-KAR NC: 2025:KHC:33788 WP No. 14329 of 2025 (for short, ‘the trial Court’), has preferred this petition challenging the order dated 30.11.2024. 3. For the sake of convenience, the parties shall be referred to in terms of their ranking before the trial Court. 4. The plaintiff has instituted a suit for partition and separate possession, claiming 1/7th share in the suit schedule properties. An application was filed before the trial Court seeking a direction to the defendants to deposit the compensation amount received from the National Highways Authority of India towards acquisition of Item No.1 of the suit schedule property. The trial Court rejected the said application on the ground that the compensation had been received prior to the filing of the suit. 5. Learned counsel for the plaintiff-petitioners submits that the plaintiff has a right to a share in Item No.1 of the suit schedule property, which has been partly acquired by the National Highways Authority of India and - 5 - HC-KAR NC: 2025:KHC:33788 WP No. 14329 of 2025 for which compensation has been paid as reflected in Item No.8. It is further submitted that unless the compensation is directed to be deposited, the plaintiff, if successful in the suit, would be deprived of his share in the compensation. 6. Considered the submissions of learned counsel for the petitioners. 7. It is the specific case of the petitioners that they have a share in Item No.1 of the suit schedule property, which has been acquired by the National Highways Authority of India and for which compensation has been paid as per Item No.8. It is contended that if the suit is decreed and the defendants are not directed to deposit the compensation, the petitioners would be deprived of their right to a share of the compensation. However, the said submission cannot be accepted or entertained at this stage. It is evident from the record that the acquisition and payment of compensation were made prior to the filing of the suit. Any direction to deposit the - 6 - HC-KAR NC: 2025:KHC:33788 WP No. 14329 of 2025 amount at this stage would amount to recovery before the decree. The trial Court, having considered the fact that the compensation was disbursed well before the suit was instituted and that the plaintiff’s share can be determined in the course of the suit, has rightly rejected the application. 8. This Court is not inclined to entertain the present petition. The order of the trial Court is well- reasoned, and no ground is made out for interference. Accordingly, the writ petition is dismissed. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 20