- 1 - HC-KAR NC: 2025:KHC:43570 WP No. 15664 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15664 OF 2021 (GM-CPC) BETWEEN: H.C. CHALUVANARAYANA S/O LATE CHANNAIAH AGED ABOUT 60 YEARS R/AT NO.69, HULIKATTE VILLAGE KENCHANALLY POST, HULIYURDURGA HOBLI, KUNIGAL TALUK TUMAKURU - 573 123. …PETITIONER (BY SRI AMITH ANAND DESHPANDE, ADV.) AND: 1. SHARADAMMA W/O LATE BETTASWAMAIAH AGED ABOUT 60 YEARS. 2. HEMAGIRAIAH S/O LATE VARADAIAH AGED ABOUT 58 YEARS. 3. RAMACHANDRA S/O LATE VARADAIAH AGED ABOUT 55 YEARS. 4. HEMARAJU S/O LATE VARADAIAH AGED ABOUT 52 YEARS. RESPONDENTS 1 TO 4 ARE R/AT HUKILATTE VILLAGE HULIYURDURGA HOBLI KUNIGAL TALUK TUMAKURU - 572 123. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43570 WP No. 15664 of 2021 5. NANJAPA @ BHAGAVANTHAIAH S/O LATE NANJUNDAIAH @ PUTTAIAH AGED ABOUT 65 YEARS. 6. HUCCHAIAH S/O LATE NANJUNDAIAH @ PUTTAIAH AGED ABOUT 60 YEARS. 7. MAYANNA S/O LATE NANJUNDAIAH @ PUTTAIAH AGED ABOUT 60 YEARS. 8. SHIVANNA S/O LATE NANJUNDAIAH @ PUTTAIAH AGED ABOUT 52 YEARS. 9. RUDRAIAH S/O LATE NANJUNDAIAH @ PUTTAIAH AGED ABOUT 48 YEARS. RESPONDENT NO. 5 TO 9 ARE RESIDING AT CHODANAKUPPE VILLAGE KENCHANAHALLI POST HULIYURUDURGA HOBLI KUNIGAL TALUK TUMKURU - 572 123. …RESPONDENTS (BY SRI P.M. GOPI, ADV., FOR SRI P.M. SIDDAMALLAPPA, ADV., FOR R-1 TO R-4; V/O/D 27.09.2021, NOTICE TO R-5 TO R-9 IS D/W) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDERS DTD.22.06.2021 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, KUNIGAL IN M.A.NO.1/2021 VIDE ANNEXURE-H BY ALLOWNG MA NO.1/2021 AND CONSEQUENTLYSET ASIDE THE ORDER PASSED BY ADDL. CIVIL JUDGE AND JMFC, AT KUNIGAL ON I.A.NO.01 IN O.S.NO.446/2019 DTD. 11.12.2020 RESTRAINING THE DEFENDANTS NO.1 TO 6 FROM INTERFERING WITH THE SUIT SCHEDULE PROPERTY TILL DISPOSAL OF THE SUIT VIDE ANNX-F AND H BY ISSUING A WRIT OF CERTIORARI BY ALLOWING THE WRIT PETITION. - 3 - HC-KAR NC: 2025:KHC:43570 WP No. 15664 of 2021 THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Defendant no.1 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 11.12.2020 passed on IA no.1 in O.S.No.446/2019 by the Court of Addl. Civil Judge & JMFC, Kunigal, and the order dated 22.06.2021 passed by the Court of Senior Civil Judge & JMFC, Kunigal, in M.A.No.1/2021. 2. Heard the learned Counsel for the parties. 3. Learned Counsel for the petitioner after arguing the matter for sometime, submits that this Court on 05.10.2021 after considering the submissions made on both sides, has passed an interim order observing that petitioner must have access to the road on the west side of his property, subject to the condition that he uses the road without obstructing the respondent's use on the other portion in the survey number. The said order is in force eversince then. He submits that the said order which is passed ensuring access to the petitioner to - 4 - HC-KAR NC: 2025:KHC:43570 WP No. 15664 of 2021 his property may be continued till the disposal of the suit and the Trial Court may be directed to expedite the trial and dispose of the suit, expeditiously. 4. Per contra, learned Counsel appearing for the respondent submits that the prayer made in the suit is to declare that the plaintiffs are the joint owners of the suit schedule property and a challenge is also made in the said suit to declare that the compromise decree passed in O.S.No.228/2014 is a nullity and not binding on the plaintiffs. He submits that the Trial Court may be directed to dispose of the suit strictly on its merits without being influenced by the order dated 05.10.2021 passed by this Court in this petition, which is only an interim arrangement. 5. The aforesaid submissions made on both sides is placed on the court. This writ petition is disposed of with a request to the Trial Court to expedite the trial in O.S.No.228/2014 and dispose of the same, as expeditiously as possible, but not later than a period of one year from the date of receipt of the certified copy of this order. The interim order dated 05.10.2021 passed by this Court in this petition shall enure to the benefit of - 5 - HC-KAR NC: 2025:KHC:43570 WP No. 15664 of 2021 the petitioner till the disposal of the suit. It is made clear that the Trial Court shall dispose of the suit strictly on its merits without being influenced by the observations made by this Court in its order dated 05.10.2021, which is only a interim arrangement made after considering the submissions made on behalf of both the parties. All the contentions urged by the parties are left open to be considered by the Trial Court. Sd/- (S VISHWAJITH SHETTY) JUDGE KK