- 1 - HC-KAR NC: 2026:KHC:9043 WP No. 4403 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.4403 OF 2026 (GM-CPC) BETWEEN: DR. V S RAMESH S/O LATE V.B.SRINIVAS, AGED ABOUT 52 YEARS, R/O.NO.16, 1ST CROSS, BEHIND BBMP OFFICE, M.E.I.LAYOUT, BAGALAGUNTE, DASARAHALLI, BENGALURE-560 073. …PETITIONER (BY SRI. PRAKASH H N., ADVOCATE) AND: V S KASTHURAMMA W/O LATE V.B.SRINIVAS, R/O.NO.411, RAMANDIRA ROAD, TIPTUR- 572 201. (DIED) 1. V.S.SHIRESH S/O V.B.SRINIVAS, AGED ABOUT 55 YEARS, R/O.NO.411, RAMANDIRA ROAD, TIPTUR-572 201. 2. V.MAHESHWARI W/O LATE VENKATAPPA D/O LATE V.B.SRINIVAS, AGED ABOUT 59 YEARS, R/O.NO.1081, SRI SAI KRUPA, 23RD CROSS, KRISHNAIAH LAYOUT, ITTAMADU, BANASHAKARI 3RD STAGE, BENGALURU-560 085. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9043 WP No. 4403 of 2026 3. V.S.KARUNAKUMARI W/O CHANDRASHEKAR, D/O LATE V.B.SRINIVAS, AGED ABOUT 57 YEARS, R/O.NISHANTH CASTLE, BESIDE S.G.HOSPITAL, JANATHA BAZAR CIRCLE, ITTAMADU, BANASHAKARI 3RD STAGE, BENGALURU-560 085. 4. V.S.LOKESHWARI W/O BHASKAR D/O LATE V.B.SRINIVAS, AGED ABOUT 54 YEARS, R/O.NO.10/1, VEENA KRUPA, 4TH CROSS, L.D.BLOCK, NEXT TO MUNESHWARA TEMPLE, GANGANAGAR, BENGALURU NORTH-560 032. RATHNAMMA W/O LATE V.B.VENKATA SWAMY, R/O NO. 225, 3RD MAIN ROAD, K.R.EXTENSION, TIPTUR-572 201. (DIED) 5. V.MANJUNATH S/O LATE V.B.VENKATA SWAMY, AGED ABOUT 67 YEARS R/O NO.225, 3RD MAIN ROAD, K.R.EXTENSION, TIPTUR-572 201. 6. V.DHANANJAYA S/O LATE V.B.VENKATA SWAMY, AGED ABOUT 65 YEARS, R/O NO.225, 3RD MAIN ROAD, K.R.EXTENSION, TIPTUR – 572 201. 7. V.SHADAKSHARI S/O LATE.V.B.VENKATA SWAMY, AGED ABOUT 63 YEARS, R/O.NO.612, AKKANNA GARDEN, KERAGODI ROAD, GANDHINAGARA, TIPTUR- 572 201. - 3 - HC-KAR NC: 2026:KHC:9043 WP No. 4403 of 2026 8. V.BHASKAR S/O LATE V.B.VENKATA SWAMY, AGED ABOUT 58 YEARS, R/O.SRI VENKATESHWARA DISTRIBUTORS BESIDES RAMAMANDIR, SKPT ROAD, TIPTUR- 572 201. 9. V.SARALAKUMARI W/O LATE CHINNABABU, D/O LATE V.B.VENKATA SWAMY, AGED ABOUT 61 YEARS, R/O.C/O.225, 3RD MAIN ROAD, K.R.EXTENSION ROAD, TIPTUR-572 201. …RESPONDENTS (BY SRI. M. MADHUSUDAN, ADVOCATE FOR SRI. V. VISHWANATH SHETTY, ADVOCATE FOR C/R-9) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.121/2023 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, TIPTUR B) CALL FOR RECORDS IN M.A.10001 OF 2024 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR C) QUASHING THE JUDGMENT DATED 31.10.2025 WHICH IS PRODUCED AS ANNEXURE-A PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR IN M.A.10001 OF 2024 DISMISSING THE APPEAL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.121/2023 is directed against the impugned order dated 17.01.2024 passed by the Trial Court, which dismissed the application filed by the petitioner for temporary injunction against the respondents and the same was - 4 - HC-KAR NC: 2026:KHC:9043 WP No. 4403 of 2026 confirmed by the First Appellate Court vide impugned order dated 31.10.2025 passed in M.A.No.10001/2024. 2. Heard learned counsel for the petitioner and learned counsel for caveator – respondent No.9 and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the various contentious issues and disputed questions of fact and law that arise for consideration in the suit and that the same would necessarily have to be adjudicated upon only after a full-fledged trial, I am of the considered opinion that the present petition deserves to be disposed of directing the Trial Court to dispose of the suit as expeditiously as possible and without being influenced by the findings and observations recorded in the impugned order. 4. Insofar as the apprehension of the petitioner that if respondent Nos.6 to 8 is permitted to alienate the suit schedule property, the situation would be irreversible and lead to multiplicity of proceedings is concerned, it is needless to state that if respondent Nos.6 to 8 would alienate, encumber, dispose of or - 5 - HC-KAR NC: 2026:KHC:9043 WP No. 4403 of 2026 create third party rights over the suit schedule property or any portion thereof during the pendency of the suit, they would be doing so at their own risk and cost and they would not be entitled to claim any equities and neither the respondent Nos.6 to 8 nor the purchasers would be entitled to claim any equities and any such alienation, disposition, encumbrance or creation of third party rights would be subject to the final outcome of the suit and the same would be governed strictly by the principles of lis pendens. 5. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 10