- 1 - HC-KAR NC: 2026:KHC:9737 WP No. 21674 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 21674 OF 2025 (GM-CPC) BETWEEN: SMT. GUNASUNDARAMMA AGED ABOUT 61 YEARS, W/O LATE RAMAPPA, D/O LATE THIMMAPPA, RESIDING AT KODIHALLI VILLAGE, MADADAKERE HOBALI, HOSADURGA - 577527 …PETITIONER (BY SRI. UMESH M N.,ADVOCATE) AND: 1. SMT. JAYYAMMA AGED ABOUT 65 YEARS, W/O LATE NAGENDRAPPA, R/AT NELLIKATTE VILLAGE, TALYA HOBLI, HOLALKERE TALUK, CHITRADURGA DISTRICT-577 526 2. M.D.HALASWAMY AGED ABOUT 63 YEARS, S/O LATE THIMMAVVA, RESIDING AT NELLIKATTE VILLAGE, TALYA HOBLI, HOLALKERE TALUK, CHITRADURGA DISTRICT – 577 526 SMT.MURIGEMMA W/O CHANDRAPPA SINCE DEAD BY HER LRS. 3. CHANDRAPPA AGED ABOUT 65 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9737 WP No. 21674 of 2025 S/O NARSHAPPA, 4. SMT. NIRMALA AGED ABOUT 48 YEARS, W/O SRIDHARAMURTHY, RESIDING AT KODIHALLI VILLAGE, MADADAKERE HOBLI, HOSADURGA TALUK CHITRADURGA TALUK – 577527 SMT. DHAMAKKA W/O CHANDRAPPA, SINCE DEAD BY HER LRS., SMT. SHAMANTHAKAMANI AGED ABOUT 42 YEARS, W/O MUDALAGIRIAPPA, RESIDING AT NERALAKERE VILLAGE, SHRIRAMPURA HOBLI, HOSADURGA TALUK – 577527 6. RUDRESH AGED ABOUT 40 YEARS, S/O CHANDRAPPA, RESIDING AT KODIHALLI VILLAGE, MADADAKERE HOBLI HOSADURGA TALUK – 577527 7. NARENDRABABU AGED ABOUT 38 YEARS, S/O CHANDRAPPA, RESIDING AT KODIHALLI VILLAGE, MADADAKERE HOBLI HOSADURGA TALUK, CHITRADURGA DISTRICT – 577527 8. SMT.K.B.JAYASHEELA AGED ABOUT 52 YEARS, W/O M.D.HALASWAMY, RESIDING AT NELLIKATTE VILLAGE, TALAY HOBALI, HOLALKERE TALUK, CHITRADURGA DISTRICT 577526 …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:9737 WP No. 21674 of 2025 (BY SRI.VIVEKANANDA N. ADVOCATE FOR C/R2 AND R5; VIDE ORDER DATED 12.01.2026 NOTICE TO R1, R3, R4 AND R6 TO R8 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO(A) CERTIORARI QUASHING THE IMPUGNED ORDER DATED 04.11.2024 PASSED ON INTERIM APPLICATION NO.1 FILED BY PETITIONER UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, IN O.S.NO.403/2024 ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE AT HOLALKERE, VIDE ANNEXURE-A, WHEREBY THE HONBLE TRIAL COURT DISMISSED THE SALD APPLICATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: A) CERTIORARI quashing the impugned order dated 04.11.2024 passed on Interim Application No.1 filed by petitioner under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, in O.S.No.403/2024 on the file of the Hon'ble Principal Civil Judge at Holalkere, vide Annexure-A, whereby the Hon'ble Trial Court dismissed the said application, (B) CERTIORARI quashing the impugned order dated 28.04.2025 passed by the Hon'ble Senior Civil Judge and JMFC, Holalkere in Miscellaneous Appeal No. 17/2024 vide Annexure-B, wherein the Hon'ble First Appellate Court has affirmed the Trial Court's order and dismissed the - 4 - HC-KAR NC: 2026:KHC:9737 WP No. 21674 of 2025 petitioner's appeal, and consequently grant an order of temporary injunction as prayed for by the petitioner, (c) issue any other writ, direction or order which deems fit to grant in the circumstances of the case and (D) Award cost and grant such other reliefs as this Hon'ble Court deems fit to do so, in the interest of justice and equity. 2. Heard learned counsel for the petitioner and learned counsel for the respondent Nos.2 and 5 and perused the material on record. 3. When the matter came up before this Court on 12.01.2026, the following interim order was passed: “Sri.Vivekananda.N, learned counsel for the contesting respondent Nos.2 and 5 seeks time to file objections. Learned counsel for the petitioner submits that notice to remaining respondents may be dispensed with. Submission is noted. Accordingly, notice to respondents 1, 3, 4 and 6 to 8 is dispensed with. - 5 - HC-KAR NC: 2026:KHC:9737 WP No. 21674 of 2025 The undertaking given on behalf of respondents 2 and 5 that, they will not alienate, encumber or create any third party rights over the suit schedule properties till the next date of hearing is placed on record. Re-list this matter on 09.02.2026.” 4. Learned counsel for both sides submit that the present petition may be disposed of directing the aforesaid interim order to be continued till the disposal of the suit by the trial Court as expeditiously as possible. 5. The aforesaid submission is placed on record. 6. Accordingly, the petition stands disposed of directing the trial Court to dispose of the suit as expeditiously as possible without being influenced by the findings and observations. 7. It is further directed that till disposal of the suit as stated supra, the interim order dated 12.01.2026 passed by this Court in the present petition shall continue to operate and remain in force between the parties. - 6 - HC-KAR NC: 2026:KHC:9737 WP No. 21674 of 2025 8. 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. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 21