- 1 - HC-KAR NC: 2025:KHC:36575 WP No. 26333 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26333 OF 2025 (GM-CPC) BETWEEN: 1. SRI GANGADHAR K S/O. LATE NANJAPPA @ KARIYAPPA AGED ABOUT 71 YEARS R/AT 87/1A, 3RD MAIN ROAD WOC ROAD, MANJUNATHA NAGAR RAJAJINAGARA, BENGALURU - 560 010 2. SRI JAYARAM.K S/O LATE NANJAPPA@ KARIYAPPA AGED ABOUT 56 YEARS, GANESHA NILAYLA NO.2443, 10TH MAIN ROAD, 2ND STAGE, RAJAJINAGARA, BANGALORE - 560 010. …PETITIONERS (BY SRI. VIJAY KRISHNA BHAT. M.,ADVOCATE) AND: 1. SRI K DODDAHONNAIAH AGED ABOUT 64 YEARS S/O LATE NANJAPPA @ KARIYAPPA, R/AT KALLANAYAKANAHALLIL VILLAGE, HUTHRIDURGA HOBLLI, KUNIGAL TALUK, TAMAKURU DISTRICT - 572 130. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36575 WP No. 26333 of 2025 2. SMT. ANASUYA AGED ABOUT 55 YEARS W/O K DODDAHONNAIAH, R/AT KALLANAYAKANAHALLI VILLAGE, HUTHRIDURGA GOBLI, KUNIGAL TALUK, TAMAKURU DISTRICT - 572 130. 3. SMT. SHIVAMMA AGED ABOUT 58 YEARS W/O GANGADHAR K, R/AT NO.87/1A, 3RD MAIN ROAD, WOC ROAD, MANJUNATHA NAGARA, RAJAJINAGAR, BENGALURU - 560 010. 4. SMT. JAYANTHI AGED ABOUT 50 YEARS, W/O JAYARAMA K R/AT NO. 102, 4TH CROSS, NANJAPPA BLOCK, SRIRAMPURAM, BENGALURU - 560 021. …RESPONDENTS (BY SRI. PRABHUGOUDA B. TUMBIGI.,ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13/08/2025 PASSED IN MA NO. 44/2025 BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC, KUNIGAL VIDE ANNX-L AND RESTORE / AFFIRM THE ORDER DATED 13/06/2025 PASSED BY THE PRINCIPAL CIVIL JUDGE, KUNIGAL, IN OS NO. 323/2023 ON IA NO. V AS PER ANNX-H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36575 WP No. 26333 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court calling in question the order of the concerned court which permits construction. It is the case of the petitioners - defendants that the property is being constructed by their brother, which does not bear a license for such construction and therefore, it becomes an illegal construction. He would further contend that the petitioner should file an affidavit that he will not claim any equities in future on the said construction. 2. Heard Shri Vijay Krishna Bhat M.,learned counsel appearing for the petitioners and Shri Prabhugouda B. Tumbigi, learned counsel appearing for the caveat / respondents. 3. The learned counsel appearing for the respondents submits that they have already filed an affidavit before the concerned court that they would not claim any equities on the construction so made, as it is a suit schedule property and was in a dilapidated condition. He would further submit that the - 4 - HC-KAR NC: 2025:KHC:36575 WP No. 26333 of 2025 petitioners - defendants stays in Bangalore and the plaintiffs stays in Kunigal. 4. The learned counsel for the respondent undertakes before this court that he would not claim any equity concerning the present construction or the suit schedule property before the concerned court in the event it would go against him. 5. The undertaking is placed on record. 6. With the aforesaid observation while sustaining the order, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 52 CT: BHK