- 1 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3512 OF 2026 (GM-CPC) BETWEEN: SRI VASANTH KUMAR S/O VENKATRAMANAPPA, AGED ABOUT 40 YEARS, R/A ITTANGURU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562125 …PETITIONER (BY SRI. M N UMASHANKAR., ADVOCATE) AND: 1. SMT. SAROJAMMA, W/O LATE NANJUNDAPPA, AGED ABOUT 59 YEARS. 2. SRI. MANJUNATHA, S/O LATE NANJUNDAPPA, AGED ABOUT 40 YEARS. 3. SRI. MOHAN BABU, S/O LATE NANJUNDAPPA, AGED ABOUT 38 YEARS. 4. SRI. NARASIMHAPPA, S/O LATE MUNIYAPPA, AGED ABOUT 62 YEARS. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 5. SRI. NARAYANAPPA, S/O LATE MUNIYAPPA, AGED ABOUT 59 YEARS. 6. SMT. PADMAVATHI, D/O LATE MUNIYAPPA, AGED ABOUT 56 YEARS. 7. SRI. VENKATESH, S/O LATE MUNIYAPPA, AGED ABOUT 54 YEARS. 8. SRI. KRISHNAPPA, S/O LATE MUNIYAPPA, AGED ABOUT 52 YEARS. RESPONDENT NOS.1 TO 8 ARE RESIDING AT ITTANGURU VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 125. 9. SRI. NAGAPPA, S/O ADEPPA, SINCE DEAD REP BY HIS LR'S. SMT. LAKSHMAMMA, W/O LATE NAGAPPA, AGED ABOUT 59 YEARS. 10. SMT. SUJATHA, D/O LATE NAGAPPA, W/O VENKATACHALAPPA, AGED ABOUT 36 YEARS. PETITIONER NOS.9 & 10 ARE RESIDING AT MUGALUR VILLAGE, SARJAPURA HOBLI, - 3 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 ANEKAL TALUK, BENGALURU DISTRICT - 562 125. …RESPONDENTS (BY SRI.GANAPATHI BHAT VAJRALLI, ADV., FOR R1 TO R8; Vide order dated 05.02.2026, notice to R9 & R10 dispensed with) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR RECORDS OF THE PROCEEDINGS DATED 09/10/2025 IN M.A. NO. 43/2025 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL, AT ANNEXURE-A AND AFTER EXAMINING THE SAME, QUASH AND SET ASIDE THE JUDGMENT DATED 09/10/2025 IN M.A.NO.43/2025 ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL, AT ANNEXURE-A AND CONFIRM THE ORDER PASSED BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL, AT I.A.NO.1/2025 IN O.S.NO.138/2025 ANNEXURE-C DATED 28.04.2025, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: 1. Issue a writ of certiorari after calling for records of the proceedings dated 09.10.2025 in M.A.No.43 of 2025 on the file of the learned Senior Civil Judge and JMFC, Anekal, Bengaluru Rural, at Annexure-A and after examining the same, quash and set aside the judgment dated 09.10.2025 in M.A.No.43 of 2025 of the file of the learned Senior Civil Judge and JMFC, Anekal, Bengaluru Rural, at Annexure-A and confirm the order passed by the learned Principal Civil Judge and JMFC, Anekal, Bengaluru Rural, at I.A.No.1 of 2025 in O.S.No.138 of 2025, Annexure-C dated 28.04.2025, in the interest of justice and equity. 2. Therefore, the petitioner herein further prays that this Hon'ble Court may be pleased to pass any appropriate order or direction as the case may be in the facts and circumstances of the case in the interest of justice. 2. A perusal of the material on record will indicate that Respondent Nos.1 to 8/plaintiffs instituted the aforesaid suit against the petitioner and Respondent Nos.9 to 11/defendants for declaration, recovery of possession and other reliefs, in relation to Item No.2 of the suit schedule immovable property. The said suit is being - 5 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 contested by the petitioners/defendants. In the said suit, the plaintiffs filed an application I.A.No.1 for temporary injunction restraining the petitioner from continuing further construction in Item No.2 of the suit schedule property, pending disposal of the suit. The Trial Court, by order dated 28.04.2025, dismissed the said application filed by the plaintiffs who filed an appeal in M.A.No.43 of 2025, which was allowed by the First Appellate Court by passing the impugned order dated 09.10.2025, thereby, restraining the defendants from putting up further construction over Item No.2 of the suit schedule property, pending disposal of the suit. Aggrieved by the impugned order passed by the First Appellate Court, the defendant No.1 is before this Court by way of the present petition. 3. Learned counsel for the petitioner has filed an affidavit of the petitioner/defendant No.1, which reads as under: "I, Vasanth Kumar, S/o Venkatramanappa, aged about 40 years, R/at Ittanguru Village, Sarjapura Hobli, Anekal Taluk, Bengaluru District - - 6 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 562125, do hereby solemnly affirm and state on oath as follows: 1. I submit that I am the petitioner herein and I am well conversant with the facts of the case. 2. I respectfully submit that I am the absolute and true owner of site katha No.39/32 (old No.House list No.20) measuring 2379 sq feet and I am putting up construction in the vacant site katha No.39/32 (old no.House list no.20) measuring 2379 sq.feet. 3. I submit that the plaintiff claims and alleges that construction is in suit item no.2 suit schedule. 4. I submit hat till the adjudication of the final dispute whether the construction is in suit item no.2 of suit schedule or in my property bearing katha no.39/32 of Ittanguru Village as the 2nd floor of the building is about to be completed, this Hon'ble Court may be pleased to permit me to complete the further construction which is subject to the final outcome of the suit. 5. I submit that if the O.S.No.138/2025 reached finality in favour of the plaintiff, I will not claim equity in respect of the suit schedule item no.2. I do hereby verify and declare that what is stated above is true and correct to the best of my knowledge, information and belief". 4. It is submitted on instructions by the learned counsel for the petitioner that if the petitioner is permitted to complete the ongoing construction on the second floor - 7 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 of Item No.2 of the suit schedule property, the petitioner would complete the said construction, without prejudice to his rights and contentions and shall not claim any equities and the same may be made, subject to the final outcome of the suit. It is also submitted that apart from completing the ongoing construction in the second floor of Item No.2 of the suit schedule property, the petitioner will not put up any further construction. 5. Per contra, learned counsel for the respondents/plaintiffs submits that he has no objection for the impugned order passed by the First Appellate Court to be modified in terms of the affidavit filed by the petitioner and the submissions made on behalf of the petitioner as stated herein before. 6. In view of the aforesaid facts and circumstances and the affidavit of the petitioner/defendant No.1, I deem it just and appropriate to modify the impugned order passed by the First Appellate Court and - 8 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 dispose of the petition by issuing certain directions. Hence, I pass the following: ORDER i) Petition is hereby disposed of. ii) The impugned order dated 09.10.2025 passed in M.A.No.43 of 2025 by the Senior Civil Judge and JMFC, Anekal, Bengaluru Rural District is hereby modified. iii) The petitioner is permitted to complete the ongoing construction of the second floor in Item No.2 of the suit schedule property, which would be without prejudice to the rights and contentions of the parties and subject to the final outcome of the suit and on the condition that the petitioner shall not claim any equities in this regard. iv) It is further directed that apart from completing the ongoing construction of the second floor in Item No.2 of the suit schedule property, the petitioner shall not put up any other further - 9 - HC-KAR NC: 2026:KHC:7549 WP No. 3512 of 2026 construction over any portion of any of the suit schedule properties. v) Subject to the aforesaid directions and directing the Trial Court to dispose of the suit as expeditiously as possible and preferably within a period of one year from the date of receipt of a copy of this order, petition stands disposed off. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 3 Sl No.: 5