- 1 - HC-KAR NC: 2026:KHC:19952 WP No. 9316 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9316 OF 2026 (GM-CPC) BETWEEN: 1. NIJANANDA MURTHY S/O. MAHALINGAIAH, AGED ABOUT 33 YEARS, R/AT AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK-572216, TUMAKURU DISTRICT. …PETITIONER (BY SRI. S V PRAKASH.,ADVOCATE) AND: MAHALINGAIAH SINCE DEAD BY LRS 1. UMA, W/O MAHALINGAIAH, AGED ABOUT 56 YEARS, R/AT FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 2. PARAMESHWARAIAH, S/O MUDDAIAH, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19952 WP No. 9316 of 2026 AGED ABOUT 59 YEARS, R/AT THAGACHEGATTE VILLAGE, SHETTIKERE HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572226. 3. RAMANNA, S/O MUDDAIAH, AGED ABOUT 54 YEARS, R/AT FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 4. NAGARAJU, S/O MUDDAIAH, AGED ABOUT 50 YEARS, R/O FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 5. MAHADEVAIAH, S/O MUDDAIAH, AGED ABOUT 47 YEARS, R/O FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 6. SHIVAGANGAMMA, W/O PARAMESHWARAIAH, AGED ABOUT 54 YEARS, R/O THAGACHEGATTA VILLAGE, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, - 3 - HC-KAR NC: 2026:KHC:19952 WP No. 9316 of 2026 TUMAKURU DISTRICT-572226. 7. SHARADAMMA, W/O RAMANNA, AGED ABOUT 52 YEARS, R/O FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 8. SHASHIKALA., W/O NAGARAJU, AGED ABOUT 52 YEARS, R/O FARM HOUSE, ARVESANDRA, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. 9. SHIVAGANGAMMA., D/O MUDDAIAH, W/O BASAVARAJU, AGED ABOUT 64 YEARS, R/O GOPALAHALLI, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK TUMAKURU DISTRICT-572226. 10. NIRMALA, D/O MAHALINGAIAH, AGED ABOUT 35 YEARS, R/O GODEKERE VILLAGE, SHETTIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT-572226. - 4 - HC-KAR NC: 2026:KHC:19952 WP No. 9316 of 2026 11. L. LOKESH, S/O MAHALINGAIAH, AGED ABOUT 27 YEARS, R/O AMMANAGHATTA VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. …RESPONDENTS (BY SRI. P.R. MADHU GOUD,ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE ORDER DATED 23.02.2026 PASSED BY THE COURT OF LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, TUMAKURU ON I.A.NO.II IN R.A.NO.27/2026 THEREBY STAYING THE FINAL DECREE DRAWN ON 19.06.2023 (ANNEXURE-L) IN FDP NO.04/2019 WHICH IS AT ANNEXURE-H TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER In this writ petition the petitioner/plaintiff has called in question the order dated 23.02.2026 passed by the - 5 - HC-KAR NC: 2026:KHC:19952 WP No. 9316 of 2026 Court of Principal District and Sessions Judge, Tumakuru (hereinafter referred to as the ‘First Appellate Court’ for short) on I.A.No.II filed under Order 41 Rule 5 read with Section 151 of CPC in R.A.No.27/2026. 2. Heard the learned counsel for the petitioner and learned counsel for the respondents and perused the writ papers. 3. The petitioner has filed a suit for partition and separate possession before the learned Senior Civil Judge and JMFC at Gubbi (hereinafter referred to as the ‘Trial Court’ for short). The Trial Court by order dated 13.12.2018 passed a preliminary decree. Thereafter, the petitioner filed final decree proceedings in FDP No.4/2019 and a final decree was also passed on 19.06.2023. Being aggrieved by the same, the respondent No.1/defendant No.6 has filed R.A.No.27/2026. Along with the said appeal, they have also filed an application under Order 41 Rule 5 - 6 - HC-KAR NC: 2026:KHC:19952 WP No. 9316 of 2026 of CPC seeking stay of the operation and execution of the final decree dated 19.06.2023. The First Appellate Court while allowing that application has not assigned any reasons apart from the only reason that if the order of FDP has been challenged and if that order is not stayed, then the party will execute the said FDP proceedings. 4. The provision under Order 41 Rule 5 of CPC is as extracted below: "5. Stay by Appellate Court.-(1) An appeal shall not operate as a stay of proceedings under a decree of order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree.” 5. It is very clear from the above provision that merely because an appeal is preferred against the decree, the appellant is not entitled for a stay. The Appellate Court has to give sufficient cause for staying the execution of - 7 - HC-KAR NC: 2026:KHC:19952 WP No. 9316 of 2026 such a decree. However, there are no such reasons forthcoming in the impugned order and the same is passed without application of mind. On this ground alone, the writ petition deserves to be allowed. 6. Accordingly, the Writ Petition is allowed. (i) The impugned order dated 23.02.2026 passed by the learned Principal District and Sessions Judge, Tumakuru on I.A. No.II in R.A.No.27/2026 is set aside. (ii) The First Appellate Court is hereby directed to re-consider the application filed under Order 41 Rule 5 of CPC in accordance with law and as expeditiously as possible, not later than by the end of June 2026. Sd/- (H.T. NARENDRA PRASAD) JUDGE HR List No.: 1 Sl No.: 14