- 1 - HC-KAR NC: 2025:KHC:53494 WP No. 17680 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 17680 OF 2021 (GM-CPC) BETWEEN: 1. SMT. NARAYANAMMA W/O LATE MUNIYAPPA AGED ABOUT 67 YEARS R/AT RAMANAHALLI VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DIST PINCODE 562110. 2. ANADAMMA W/O NARAYANA SWAMY D/O LATE MUNIYAPPA AGED ABOUT 45 YEARS. 3. RATHANAMMA W/O MANJUANTHA D/O LATE MUNIYAPPA AGED ABOUT 42 YEARS. APPELLANTS 2 AND 3 ARE R/AT MEESAGANAHALLI VILLGE KUNDANA HOBLI DEVANAHALLI TQ BENGALURU RURAL DISTRICT PIN CODE 562 110. 4. SRI MURTHY S/O MUNIYAPPA AGED 38 YEARS. 5. SRI M. MANJUNATHA S/O LATE MUNIYAPPA AGED ABOUT 32 YEARS. 4 & 5 ARE R/AT RAMANAHALLI Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53494 WP No. 17680 of 2021 VILLAGE, CHANNARAYAPATNA HOBLI DEVANAHALLI TQ BENGALURU RURAL DIST.- 562 110 PIN CODE - 562 110. …PETITIONERS (BY SRI NANJA REDDY P.N, ADV.) AND: 1. SMT. DODDA AKKAYAMMA D/O LATE MUNISHAMAPPA @ BAJJON AGED ABOUT 78 YEARS R/AT SONNENAHALLI VILLGE KUNDANA HOBLI DEVANAHALLI TQ BENGALURU RURAL DISTRICT PIN CODE 562 110. 2. CHIKKAYAMMA D/O LATE MUNISHAMAPPA @ BAJJON AGED ABOUT 72 YEARS R/A MEESIGANAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN CODE 562 110. 3. SMT. OBALAMMA D/O LATE SDMUNISHAMAPPA @ BAJJAN AGED 66 YEARS R/AT BIDALURU VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BEGNALURU RURAL DISTRICT PIN CODE - 562110. 4. SRI DODDA OBALAPPA S/O LATE MUNISHAMAPPA @ BAJJON AGED 70 YEARS R/AT RAMANAHALLI VILLAGE JONNNAHALLI DAKHALE DEVANAHALLI TQ BENGALURU RURAL DIST PIN CODE - 562110. 5. MUNISHAMAPPA - 3 - HC-KAR NC: 2025:KHC:53494 WP No. 17680 of 2021 S/O LATE MUNISHAMAPPA @ BAJJONU AGED 64 YEARS R/AT RAMANAHALLI VILLAGE HANNRAYAPATNA VILLAGE DEVANAHALLI TQ BENGALURU RURAL DIST PIN CODE - 562 110. 6. THE SPECIAL LAND ACQUISTION OFFICER, INTERNATIONAL AIRPORT KIADB NO.3/2, GANDHINAGAR BENGALURU - 560 009. …RESPONDENTS (BY SRI LIKESH K.N, ADV., FOR SRI MANJUNATH K.V, ADV., FOR R-1 TO R-4; SRI P.V. CHANDRASHEKAR, ADV., FOR R-6; R-5 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 01.09.2021 PASSED IN M.A.NO.15005/2021 ANNEXURE-F ON THE FILE OF THE V ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT, DEVANAHALLI AND THE ORDER DATED 24.02.2021 PASSED IN O.S.NO.593/2019 ANNEXURE-E ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI ON IA NO.III AND ALLOW IA NO.3 AND GRANT ALL THE CONSEQUENTIAL RELIEFS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The defendant nos.1 to 5 are before this Court in this petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 24.02.2021 passed on I.A.No.III in O.S.No.593 of 2019 by the Court of II Addl. - 4 - HC-KAR NC: 2025:KHC:53494 WP No. 17680 of 2021 Senior Civil Judge & JMFC, Devanahalli and the order dated 01.09.2021 passed in M.A.No.15005 of 2021 by the Court of V Addl. District Judge, Bengaluru Rural District, Devanahalli. 2. Heard the learned counsel for the parties. 3. Respondents nos.1 to 5 herein have filed O.S.No.593 of 2019 before the jurisdictional civil Court at Devanahally seeking the relief of partition and separate possession of the suit schedule property and to allot a share in the suit schedule property. A further relief is also sought in the suit to direct defendant no.6-Land Acquisition Officer not to disburse the compensation amount awarded in respect of the suit schedule property in favour of defendant nos.1 to 5 in the said suit. I.A.No.III was filed under Order XXXIX Rule 1 and 2 of CPC with a prayer to restrain defendant no.6 from disbursing the compensation amount awarded in respect of the suit schedule property pending disposal of the suit. The said application was opposed by the contesting defendants by filing objection. The Trial Court, vide the order impugned dated 24.02.2021 allowed I.A.No.III and said order was unsuccessfully challenged by the contesting defendants nos.1 - 5 - HC-KAR NC: 2025:KHC:53494 WP No. 17680 of 2021 to 5 in M.A.No.15005 of 2021, which was dismissed on 01.09.2021 by the appellate Court. Aggrieved by the concurrent findings recorded by two Courts, defendants nos.1 to 5 are before this Court. 4. Learned counsel for the petitioners submits that the Trial Court may be directed to dispose of O.S.No.593 of 2019 on merits without being influenced by the observations made in the orders impugned in this writ petition. 5. Per contra, learned counsel for the contesting respondents / plaintiffs submits that the suit is at the stage of recording plaintiffs' evidence. The order impugned is in operation for the last 4 years. Therefore, the petition may be disposed of directing the Trial Court to dispose of the suit on merits. 6. Submissions made on both sides placed on record. The writ petition is disposed of directing the Trial Court to expedite trial in O.S.No.593 of 2019 and dispose of the suit on merits as expeditiously as possible, but not later than a period of one year from the date of receipt of copy of this order, - 6 - HC-KAR NC: 2025:KHC:53494 WP No. 17680 of 2021 without being influenced by the observations made in the orders impugned in this writ petition. Pending applications do not survive for consideration and accordingly the same are disposed of. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 36