- 1 - HC-KAR NC: 2025:KHC-D:13910 WP No. 104808 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104808 OF 2024 (GM-CPC) BETWEEN: 1. SRI. THIPPESWAMY S/O NAGARAJA AGE. 34 YEARS, OCC. AGRICULTURE, 2. SRI. MAHESHA S/O NAGARAJA, AGE. 30 YEARS, OCC. AGRICULTURE, 3. SRI. VEERESH S/O NAGARAJ, AGE. 27 YEARS, OCC. AGRICULTURE, ALL ARE R/O. KURIHATTI VILLAGE, TQ. KUDLIGI, DIST. BALLARI, NOW DIST. VIJAYANAGARA-583 135. … PETITIONERS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE) AND: 1. SMT. NAGARATHNAMMA W/O LATE A. VEERABHADRAPPA, AGE. 61 YEARS, OCC. HOME MAKER, R/O. SIDDAPURA VILLAGE, TQ. KUDLIGI, DIST. BALLARI, NOW DIST. VIJAYANAGARA-583 135. 2. SRI. VIJAYENDRA KUAMR S/O LATE VEERABHADRAPPA, AGE. 34 YEARS, OCC. AGRICULTURE, R/O. SIDDAPURA VILLAGE, TQ. KUDLIGI, DIST. BALLARI, NOW DIST. VIJAYANAGARA-583 135. 3. SMT. VIJAYALAKSHMI W/O KIRAN SHANKAR D/O A. VEERABHADRAPPA, AGE. 36 YEARS, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:09 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13910 WP No. 104808 of 2024 OCC. HOME MAKER, R/O. MAYAKONDA VILLAGE, PRESENTLY R/O. KODAGANAHALLI VILLAGE, TQ. MADHUGIRI, DIST. TUMKUR-572 101. 4. SMT. BASAMMA W/O MADDANAPPA D/O LATE ADHI VEERABHADRAPPA, AGE. 58 YEARS, OCC. HOME MAKER, R/O. UDEGOLA VILLAGE, TQ. RAYADURGA, DIST. ANANTHAPURA, ANDHRA PRADESH STATE-515 865. 5. SMT. SAVITHRAMMA W/O NAGARAJA D/O LATE ADHI VEERABHADRAPPA, AGE. 55 YEARS, OCC. HOME MAKER, R/O. KURIHATTI VILLAGE, TQ. KUDLIGI, DIST. BALLARI, NOW DIST. VIJAYANAGAR-583 135. … RESPONDENTS (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE ORDER DATED 06.03.2024 ON I.A. NO.6 IN M.A. NO.2/2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC KUDLIGI, PRODUCED AS ANNEXURE-G AND RESTORE THE ORDER DATED 05.02.2022 IN O.S. NO.13/2021 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, KUDLIGI, PRODUCED AS ANNEXURE-E, BY ALLOWING THE ABOVE WRIT PETITION AS PRAYED FOR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13910 WP No. 104808 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This writ petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners/plaintiffs, assailing the order dated 06.03.2024 passed in M.A.No.02/2022 on the file of Senior Civil Judge, Kudligi1. 2. By the said order, the appeal filed by defendants No.1 and 2 was allowed, and the temporary injunction order dated 05.02.2022 granted by the Court of Civil Judge, Kudligi2, in O.S.No.13/2021 was set aside. 3. Being aggrieved by the same, the petitioners are before this Court. 4. Learned counsel for the petitioners submits that the suit schedule properties are joint family properties, and the injunction rightly granted by the Trial Court should not have been disturbed by the Appellate Court in the exercise of its 1 Hereinafter referred to as the ‘Appellate Court’ 2 Hereinafter referred to as the ‘Trial Court’ - 4 - HC-KAR NC: 2025:KHC-D:13910 WP No. 104808 of 2024 jurisdiction under Order XLIII Rule 1 read with Section 104 of the Code of Civil Procedure, 19083. 5. Learned counsel for the petitioners further submits that the respondents are intending to convert the properties and are likely to sell the properties by forming sites in the said properties. 6. Learned counsel for the respondents would contend that the petitioners’ mother has received value of her share, as well as certain property, under a compromise entered into in O.S.No.43/2010 on the file of Senior Civil Judge (Junior Division), Kudligi, as such, the petitioners’ mother, who is defendant No.5 in this suit, is not entitled to any further share. 7. It is further submitted that the petitioners/plaintiffs were aware of the earlier suit and settlement and therefore, the suit is not maintainable. 8. Learned counsel for the respondents would also urge that the petitioners are objecting to the conversion sought by the respondents and by citing this writ petition. 3 Hereinafter referred to as the ‘CPC’ - 5 - HC-KAR NC: 2025:KHC-D:13910 WP No. 104808 of 2024 9. This Court has considered the contentions raised at the Bar and perused the records. 10. As noticed, the Trial Court had granted a temporary injunction restraining the defendants from alienating the suit schedule properties. The petitioners/plaintiffs have claimed a 1/4th share in the suit schedule properties. 11. In case the properties are sought to be converted, the petitioners/plaintiffs cannot raise any objection for conversion, as it is not their case that conversion is likely to reduce the value of the land or that they intend to continue with agricultural activity. In case the properties are converted and the expenses borne by the respondents, the petitioners/plaintiffs, will be benefited to that extent, in case, if they succeed in the suit. 12. Learned counsel for the respondents has undertaken that the properties will not be sold till the disposal of the suit even if it is converted. Thus, by putting the parties on terms, the order can be modified. 13. The order restraining the defendants from applying for conversion is set aside on following terms. - 6 - HC-KAR NC: 2025:KHC-D:13910 WP No. 104808 of 2024 14. Hence the following: ORDER a) The writ petition is allowed in part. b) The order dated 06.03.2024 passed in M.A.No.02/2022 on the file of Senior Civil Judge, Kudligi, and the order dated 05.02.2022 passed in O.S.No.13/2021 on the file of Civil Judge, Kudligi, are modified. c) The respondents are permitted to proceed with the conversion of the suit schedule properties in accordance with law. However, the respondents shall not alienate the suit schedule properties till the disposal of the suit. d) The respondents shall not claim any special equity based on conversion in case the plaintiffs succeed in the suit. e) The petitioners/plaintiffs shall cooperate for early disposal of the suit. - 7 - HC-KAR NC: 2025:KHC-D:13910 WP No. 104808 of 2024 f) It is made clear this order is not an opinion on merits of the claim of either of the parties. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 6