- 1 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 9944 OF 2024 (GM-CPC) BETWEEN: 1. SMT.H.H. SUSHEELA, W/O RAME GOWDA, D/O LATE H B HANUMANTHAIAH, AGED ABOUT 60 YEARS, R/AT BHEEMAIAH COLONY, B.M ROAD, HASSAN - 573 201. …PETITIONER (BY MS.NANDINI.B., ADVOCATE FOR SRI. BHARGAV G., ADVOCATE) AND: 1. H.H. GEETHA, W/O MANJEGOWDA, S/O LATE H.B. HANUMANTHAIYYA, AGED ABOUT 58 YEARS, R/AT 159, KPSC LAYOUT, 3RD CROSS, 5TH MAIN, OPPOSITE AMMA ASHRAMA, ULLALA MAIN ROAD, JNANABHARATI, 2ND PHASE, BANGALORE - 560 056. 2. H.H KUMAR, S/O H.B. HANUMATHAIYYA, AGED ABOUT 56 YEARS, R/AT BHIMAIAH COLONY, B.M.ROAD, HASSAN - 573 201. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 3. H.P GOPALAKRISHNA SHETTY, S/O PUTTARAJASHETTY, AGED ABOUT 74 YEARS, R/AT SOCIETY ROAD, RAVINDRA NAGAR HASSAN CITY - 573 201. 4. RAMEGOWDA, S/O KULLEGOWDA, AGED ABOUT 68 YEARS, VEHICLE INSPECTOR, R/AT ALAGURU VILLAGE, ALAGURU HOBLI MALAVALLI TALUK, MANDYA DISTRICT - 571 421. 5. USHA SRINATH, W/O SRINATH, AGED ABOUT 68 YEARS, R/AT 7TH CROSS, K.R. PURAM, HASSAN - 573 201. 6. C.M CHANDRASEKHAR, S/O LATE B MALLAPPA, AGED ABOUT 71 YEARS, R/AT USHA, HOUSE NO. 798, GOVERNMENT HOSPITAL ROAD, K.R PURAM LAYOUT, HASSAN - 573 201. 7. K.R ANUSUYA, W/O C.M CHANDRASHEKHAR, AGED ABOUT 62 YEARS, R/AT USHA HOUSE NO. 798, GOVERNMENT HOSPITAL ROAD, K.R PURAM LAYOUT, HASSAN - 573 201. - 3 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 8. REENA C SHEKHAR, W/O C.M CHANDRASHEKHAR, AGED ABOUT 39 YEARS, R/AT USHA HOUSE NO. 798, GOVERNMENT HOSPITAL ROAD, K.R PURAM LAYOUT, HASSAN - 573 201. 9. H.B SATYANARAYANA RAO, S/O KIRTISESH SHRI BHIMRAO, AGE ABOUT 70 YEARS, R/AT LAKSHMI KRUPA, RAVINDRANAGAR LAYOUT, HASSAN CITY - 573 201. 10. V. SUJATHA, W/O H.B SATYANARAYANA RAO, AGED ABOUT 70 YEARS, R/AT LAKSHMI KRUPA, RAVINDRANAGAR LAYOUT, HASSAN CITY - 573 201. 11. L. CHANDRASEKHARA, S/O R.LAKSHMIPATI GOWDA, AGED ABOUT 76 YEARS, R/AT NEW LINE ROAD, HASSAN, CURRENT RESIDENCE - NEAR KRISHNA COLLEGE, BEHIND BHANU THEATRE, HASSAN - 573 201. 12. SMT. BHAVYA G.C, W/O MOHAN KUMAR Y.S, AGED ABOUT 36 YEARS, R/AT SHRI KANTHA KRUPA, B.M. ROAD, BEHIND PLANTERS BANK, - 4 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 KARIGOWDA COLONY, HASSAN - 573 201. 13. SHRI H.M PRAMOD CHAKRAVARTHY, S/O K.M MANJEGOWDA, AGED ABOUT 45 YEARS, R/AT 4747, OPPOSITE TO GOWRAMMA COMPOUND, HUNSINAKERE ROAD, HASSAN - 573 201. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER VIDE ANNX-A THE ORDER PASSED IN M.A.NO.50/2022 DTD. 09.02.2023 BY THE II ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 18.11.2022 passed on I.A.No.2 in O.S.No.105/2021 by the Court of Additional Senior Civil Judge and JMFC, Hassan and the order dated 09.02.2023 passed on M.A.No.50/2022 by the Court of II Additional District and Sessions Judge, Hassan. - 5 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 2. Heard the learned counsel for the parties. 3. O.S.No.105/2021 is filed by the petitioner herein before the Jurisdictional Civil Court at Hassan seeking the relief of partition and separate possession of the suit schedule property, claiming 1/3rd share in the suit schedule property. A further prayer is also made in the suit to declare certain sale deeds and gift deeds as not binding on the plaintiff and for mesne profits. The contesting defendants have filed written statement and have opposed the suit claim. I.A.No.2 was filed on behalf of plaintiff under Order 39 Rule 1 and 2 read with Section 151 of CPC, with a prayer to restrain defendant No.13 from constructing house in Site No.13 of the suit schedule property. The said application was opposed by defendant No.13 by filing objections. Trial Court vide order impugned dated 18.11.2022 rejected I.A.No.2 filed in O.S.No.105/2021 and the said order has been confirmed by the Appellate Court in M.A.No.50/2022 which was - 6 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 dismissed on 09.02.2023. Challenging the aforesaid two orders, the plaintiff is before this Court. 4. The Trial Court having appreciated that there was a partition on 21.11.1980 between the plaintiff and defendant Nos.1 & 2 and subsequently, defendant No.2 had sold the item No.2 in the suit schedule property in favour of defendant No.3 and defendant No.3 in turn had sold the said property under a registered sale dated 07.11.1985 in favour of Ramegowda and Usha Srinath and subsequent to that there were multiple transactions in respect of the said property and ultimately defendant No.13 had purchased the said property under a registered sale deed dated 19.04.2021, has dismissed I.A.No.2 filed in O.S.No.105/2021 with the observation that plaintiff had suppressed the earlier partition between her and defendant Nos.1 and 2 which had taken place on 21.11.1980. The said order has been confirmed by the Appellate Court after appreciating all these aspects of the matter. Petitioner is before this Court challenging - 7 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 concurrent findings recorded by the two Courts. Even otherwise the prayer made in the application which was filed in year 2021 is to restrain defendant No.3 from constructing house in Site No.13 of the suit schedule property. 5. Material on record would go to show that multiple transactions in respect of site No.13 of the suit schedule property had taken place after there was a partition between plaintiff and defendant Nos.1 & 2 and throughout the plaintiffs had kept quit. Under the circumstances, I do not find any good ground to interfere with the orders impugned which is challenged in this writ petition. Since the suit is filed in the year 2021, I am of the opinion, if the trial Court is requested to dispose of the suit expeditiously, the same would serve ends of justice and accordingly, the following: ORDER The writ petition is dismissed with a request to the Trial Court to expedite trial in - 8 - HC-KAR NC: 2025:KHC:45381 WP No. 9944 of 2024 O.S.No.105/2021 and dispose of the suit on merits as expeditiously as possible. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 18