- 1 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 7086 OF 2024 (GM-CPC) C/W WRIT PETITION NO. 7067 OF 2024 (GM-CPC) IN WP No. 7086/2024 BETWEEN: M/S. THE HAMLET A REGISTERED PARTNERSHIP FIRM, REGISTERED UNDER PARTNERSHIP ACT, NO.11, KEMWELL HOUSE, TUMKUR ROAD, YESHWANTHAPURA – 560 022, REPRESENTED BY ITS PARTNER, S.R. CHANDAK, AGED ABOUT 75 YEARS …PETITIONER (BY SRI. MANMOHAN P .N., ADVOCATE) AND: 1. SRI. ASHWATHANARAYANA, S/O. LATE ANJINAPPA, AGED ABOUT 53 YEARS, RESIDING AT JALA HOBLI, BENGALURU NORTH TALUK – 562 157. 2. SMT. PARVATHAMMA D/O. LATE ANJINAPPA, AGED ABOUT 49 YEARS, RESIDING AT 3RD MAIN, POLICE STATION ROAD, HEBBAL, BANGALORE – 560 025. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 3. SMT. ASHWATHAMMA D/O. LATE ANJINAPPA, W/O. LATE KEMPEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT KOLIPURA VILLAGE, HUTTANAHALLI POST, BANGALORE NORTH TALUK – 562 157. 4. H. M. KRISHNAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE, 5. NARAYANAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE, 6. M. D. RAJANNA S/O. DODDAMUNIYAPPA, MAJOR IN AGE, 7. ASHWATHAPPA S/O. APPANNA, MAJOR IN AGE, RESPONDENT NOs. 4 TO 7 ARE RESIDING AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157. 8. M/S. NANDI ESTATES BEING THE REAL ESTATE AGENCY, NO. 7/2, BAJJI CENTRE, (NEAR HOTEL MANU), SAJJAN RAO ROAD, V.V. PURAM, BANGALORE – 560 004, REPRESENTED BY ITS PARTNER, SRI. P. S. SEETHARAMAIAH. 9. SRI. NARAYANASWAMY S/O. LATE APPANNA, AGED ABOUT 40 YEARS, - 3 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 10. SRI. MANJUNATH S/O. LATE APPANNA, AGED ABOUT 39 YEARS, BOTH RESPONDENT NO.9 AND 10 ARE RESIDING AT KYATHAVAR HOSAHALLI VILLAGE, SIDDLAGHATTA TALUK, KOLARA DISTRICT – 560 125. 11. SRI. DEVARAJ S/O. LATE APPANNA, AGED ABOUT 31 YEARS, R/AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157. 12. SRI. MUNEGOWDA S/O. LATE APPANNA, AGED ABOUT 26 YEARS, XEROX SHOP, TALUK OFFICE BUILDING, YELAHANKA UPANAGARA, YALAHANKA – 560 064. 13. SMT. RATHNAMMA D/O. LATE APPANNA, W/O. SHAMANNA, AGED ABOUT 24 YEARS, R/AT INDRASANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK – 562 110. 14. MRS. AZRA KHANUM D/O. REHMAN KHAN, AGED ABOUT 45 YEARS, R/AT NO. 534, 3RD CROSS, 2ND BLOCK, R.T. NAGAR, BANGALORE – 560 032. …RESPONDENTS (BY SRI. VISHWANATH R. HEGDE, ADVOCATE FOR C / R14; VIDE ORDER DATED 12.03.2024, NOTICE TO R1 TO R13 IS DISPENSED WITH) - 4 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 23.02.2024 PASSED IN MISCELLANEOUS APPEAL NO. 15022/2023 BY THE V ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI (PRODUCED AS ANNEXURE-K) AND THE ORDER DTD 31.08.2023 PASSED IN O.S.NO. 36/2006 PENDING ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI (PRODUCED AS ANNEXURE-G) AND CONSEQUENTLY ALLOW IA NO. 26 AS PRAYED FOR (PRODUCED AS ANNEXURE-F). IN WP NO. 7067/2024 BETWEEN: M/S. THE HAMLET A REGISTERED PARTNERSHIP FIRM, NO 11, KEMWELL HOUSE, TUMKUR ROAD, YESHWANTHAPURA – 560 022 REPRESENTED BY ITS PARTNER S. R. CHANDAK ...PETITIONER (BY SRI. MANMOHAN P. N., ADVOCATE) AND: 1. SRI. ASHWATHANARAYANA, S/O. LATE ANJINAPPA, AGED ABOUT 53 YEARS, RESIDING AT JALA HOBLI, BENGALURU NORTH TALUK – 562 157. 2. SMT. PARVATHAMMA D/O. LATE ANJINAPPA, AGED ABOUT 49 YEARS, RESIDING AT 3RD MAIN, POLICE STATION ROAD, HEBBAL, BANGALORE – 560 025. 3. SMT. ASHWATHAMMA D/O. LATE ANJINAPPA, W/O. LATE KEMPEGOWDA, AGED ABOUT 45 YEARS, - 5 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 RESIDING AT KOLIPURA VILLAGE, HUTTANAHALLI POST, BANGALORE NORTH TALUK – 562 157. 4. H. M. KRISHNAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE, 5. NARAYANAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE, 6. M. D. RAJANNA S/O. DODDAMUNIYAPPA, MAJOR IN AGE, 7. ASHWATHAPPA S/O. APPANNA, MAJOR IN AGE, RESPONDENT NOs. 4 TO 7 ARE RESIDING AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157. 8. M/S. NANDI ESTATES BEING THE REAL ESTATE AGENCY, NO. 7/2, BAJJI CENTRE, (NEAR HOTEL MANU), SAJJAN RAO ROAD, V.V. PURAM, BANGALORE – 560 004, REPRESENTED BY ITS PARTNER, SRI. P. S. SEETHARAMAIAH. 9. SRI. NARAYANASWAMY S/O. LATE APPANNA, AGED ABOUT 40 YEARS, 10. SRI. MANJUNATH S/O. LATE APPANNA, AGED ABOUT 39 YEARS, - 6 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 BOTH RESPONDENT NO.9 AND 10 ARE RESIDING AT KYATHAVAR HOSAHALLI VILLAGE, SIDDLAGHATTA TALUK, KOLARA DISTRICT – 560 125. 11. SRI. DEVARAJ S/O. LATE APPANNA, AGED ABOUT 31 YEARS, R/AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157. 12. SRI. MUNEGOWDA S/O. LATE APPANNA, AGED ABOUT 26 YEARS, XEROX SHOP, TALUK OFFICE BUILDING, YELAHANKA UPANAGARA, YALAHANKA – 560 064. 13. SMT. RATHNAMMA D/O. LATE APPANNA, W/O. SHAMANNA, AGED ABOUT 24 YEARS, R/AT INDRASANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK – 562 110. 14. MRS. AZRA KHANUM D/O. REHMAN KHAN, AGED ABOUT 45 YEARS, R/AT NO. 534, 3RD CROSS, 2ND BLOCK, R.T. NAGAR, BANGALORE – 560 032. …RESPONDENTS (BY SRI. VISHWANATH R. HEGDE, ADVOCATE FOR C / R14; VIDE ORDER DATED 12.03.2024, NOTICE TO R1 TO R13 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 23.02.2024 PASSED IN MISCELLANEOUS APPEAL NO. 15021/2023 BY THE V ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI (PRODUCED AS - 7 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 ANNEXURE-K) AND THE ORDER DTD 31.08.2023 PASSED IN OS NO. 36/2006 PENDING ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI (PRODUCED AS ANNEXURE-G) AND CONSEQUENTLY ALLOW IA NO. 25 AS PRAYED FOR (PRODUCED AS ANNEXURE-E). THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In W.P.No.7086/2024, the petitioners seek the following reliefs: “i) Set aside the Order dated 23.02.2024 passed in Miscellaneous Appeal No.15022/2023 by the V Additional District Judge, Bengaluru Rural District sitting at Devanahalli (Produced as Annexure-“K”) and the order dated 31.08.2023 passed in O.S.No.36/2006 pending on the file of III Additional Senior Civil Judge and JMfc, Devanahalli (produced as Annexure-“G”) and consequently allow IA No.26 as prayed for (produced as Annexure-“F”); and (ii) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.” 2. In W.P.No.7067/2024, the petitioners seek the following reliefs: “i) Set aside the Order dated 23.02.2024 passed in Miscellaneous Appeal No.15021/2023 by the V Additional - 8 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 District Judge, Bengaluru Rural District sitting at Devanahalli (produced as Annexure-“K”) and the order dated 31.08.2023 passed in O.S.No.36/2006 pending on the file of III Additional Senior Civil Judge and JMFC, Devanahalli (Produced as Annexure-“G”) and consequently allow IA No.25 as prayed for (produced as Annexure-“E”) and (ii) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.” 3. Heard learned counsel for the petitioners and learned counsel for caveator-respondent No.14 and perused the material on record. 4. When the matters came up before this court on 12.03.2024 in W.P.No.7086/2024 as well as in W.P.No.7067/2024, this court passed the following interim order. “Notice to respondent Nos.1 to 13 is dispensed with at the risk of the petitioner. Learned counsel for respondent No.14 seeks time to file objections. Re-list on 03.04.2024. Statement of objections to be filed by the next date of hearing. - 9 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 In the meanwhile, petitioner and respondent No.14 are directed to maintain status-quo in all respects as on today, in relation to the suit schedule property, till the next date of hearing. Liberty is reserved in favour of the respondent/s to seek vacation / modification of this order.” 5. The said interim order continues to remain in force and operate between the parties even till today, in both petitions. In addition thereto, the petitioners filed application, I.A.No.2/2024 in W.P.No.7086/2024 inter alia contending that the respondents had violated the aforesaid order of status quo willfully and deliberately and committed contempt/disobedience of the aforesaid order of status quo passed by this Court and that appropriate action may be initiated against the respondents in this regard. 6. The said application is vehemently opposed by the learned counsel for respondent No.14. 7. Though several contentions have been urged by both sides in support of their respective claims, the material on record discloses that there are several contentious issues and disputed questions of fact and law that arises for consideration between the parties, which would necessarily have to be decided by the Trial - 10 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 Court only after a full fledged trial, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of these petitions leaving open all contentions between the parties to be urged before the Trial Court and the same shall be considered by the Trial Court, in accordance with law without being influenced by the impugned order and also by directing the Trial Court to dispose of the suit within a period of one year from the date of receipt of a copy of this order. 8. In the result, I pass the following: ORDER (i) The petitions are disposed of directing the Trial Court to dispose of the suit, within a period of one year from the date of receipt of a copy of this order without being influenced by the observations made in the impugned order. (ii) Insofar as I.A.No.2/2024 filed in W.P.No.7086/2024 is concerned, the same is disposed of reserving liberty in favour of the petitioners to file similar application before the Trial Court, which shall be - 11 - HC-KAR NC: 2026:KHC:8488 WP No. 7086 of 2024 C/W WP No. 7067 of 2024 considered by the Trial Court, in accordance with law. (iii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. (iv) In addition thereto, the aforesaid interim order in both the petitions shall stand extended till disposal of the suit before the Trial court. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 3