- 1 - HC-KAR NC: 2026:KHC:14747 WP No. 6903 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6903 OF 2026 (GM-CPC) BETWEEN: 1. MRS B M LALITHA RAI D/O. LATE BS MANJAPPA RAI AND NEELAMMA RAI, W/O. SRI PRABODHKUMAR SHENAYA, AGED ABOUT 68 YEARS, RESIDING AT DOOR NO. G 01, BRIGADE ELITE - 1, KRS ROAD, YADAVAGIRI, MYSURU-570 020. 2. MRS. B M PREMALATHA RAI D/O. LATE B S MANJAPPA RAI AND NEELAMMA RAI, W/O. BVN PRASAD RAI, AGED ABOUT 62 YEARS, R/AT. VIBHAVA, HOUSE NO. 528, BEML LAYOUT, RAJARAJESHWARI NAGAR, MYSURU-570 022. (PETITIONER NO. 1 & 2 ARE SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONERS (BY SRI. GAURAV G K., ADVOCATE) AND: 1. MRS. ROMALA RAVI RAI, W/O. B. M. BALAKRISHNA RAI ALIAS RAVI, AGED ABOUT 69 YEARS 2. MRS. RACHITHA RAVI RAI, D/O. B. M. BALAKRISHNA RAI ALIAS RAVI, AGED ABOUT 39 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14747 WP No. 6903 of 2026 3. MRS. SANCHITHA RAVI RAI, D/O. B. M. BALAKRISHNA RAI ALIAS RAVI, AGED ABOUT 35 YEARS THE RESPONDENT NO. 1 TO 3 ARE RESIDING AT RAVI-THEJA, HOUSE NO. 14, NEW EXTENSION, MADIKERI-571 201. 4. MR. B. M. JAGADHISH RAI S/O. LATE BS MANJAPPA RAI AND NEELAMMA RAI, AGED ABOUT 65 YEARS 5. MR. B. J. RAKSHITH RAI, S/O. MR. B M JAGADHISH RAI, AGED ABOUT 32 YEARS 6. MR. B. J. NIREEKSHITH RAI, S/O. MR. B M JAGADHISH RAI, AGED ABOUT 28 YEARS RESIDING AT GREEN VIEW ESTATE, KADIATHUR VILLAGE, MADIKERI TALUK KODAGU DISTRICT – 571 201. 7. MR. B. M. NIRMALKUMAR RAI ALIAS GANESH RAI, S/O. LATE B S MANJAPPA RAI AND NEELAMMA RAI, AGED ABOUT 60 YEARS. 8. MR. B N ANKIT RAI S/O. B. M. NIRMAL KUMAR RAI ALIAS GANESH RAI, AGED ABOUT 26 YEARS, THE RESPONDENT NOS. 7 TO 8 ARE RESIDING AT DOOR NO. A/11-301, - 3 - HC-KAR NC: 2026:KHC:14747 WP No. 6903 of 2026 SHANTHIDAM, OPP. SURYA SHOPPING CENTRE, SHRUSTI MIRA ROAD (EAST), DISTRICT THANE, MAHARASTRA 401 107. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSE AN APPROPRIATE WRIT/ORDER/DIRECTION TO CONSIDER APPLICATION FILED BY THEM UNDER ORDER XXXIX RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 IN I.A.NO. VI FILED IN O.S.NO. 64/2021 PENDING ON THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND CJM AT MADIKERI (ANNEXURE -F) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners-plaintiffs have sought the following reliefs: a. Issue a appropriate Writ/Order/Direction to consider Application filed by them under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 in I.A.No. VI filed in O.S.No. 64/2021 pending on the file of the Hon'ble Senior Civil Judge and CJM at Madikeri (Annexure -F); b. Pass such other Order/s or grant such other relief/s as this Hon’ble court deems fit to grant under the peculiar facts and circumstances of this case, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:14747 WP No. 6903 of 2026 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.64/2021 before the Trial Court seeking relief of partition and separate possession. Along with the suit, plaintiffs filed I.A.No.VI under Order XXXIX Rule 1 and 2 of CPC seeking an order of temporary injunction restraining the defendants from selling, alienating, creating charge to the suit schedule properties or portions thereof. After issuance of suit summons, the defendants appeared and filed written statement and also filed objections to the said application. Both the parties have been heard on the said application. So far, no order has been passed on the application. Therefore, the present writ petition is filed seeking for early disposal of the said application. - 5 - HC-KAR NC: 2026:KHC:14747 WP No. 6903 of 2026 4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible. 5. Accordingly, the following order is passed: ORDER a) Writ petition is disposed of. b) The Trial Court is directed to dispose of the application i.e., I.A.No.VI filed under Order XXXIX Rule 1 and 2 of CPC, on or before 30.04.2026. c) Parties are directed to co-operate for disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 16