- 1 - HC-KAR NC: 2026:KHC:13493 WP No. 4659 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.4659 OF 2026 (GM-CPC) BETWEEN: 1. BHEEMAIAH, S/O LATE LENKAPPA, AGED ABOUT 73 YEARS, R/AT NAYAKARA BEEDI, SHETTIHALLI, KASABA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572101. …PETITIONER (BY SRI. SHEKARAPPA, ADVOCATE) AND: 1. ANJINAPPA, S/O LATE LENKAPPA, AGED ABOUT 88 YEARS. 2. VENKATAMMA, D/O LATE LENKAPPA, AGED ABOUT 68 YEARS. 3. PUTTAMMA, D/O LATE LENKAPPA, AGED ABOUT 65 YEARS. THE RESPONDENTS NO.1 TO 3 ARE R/AT NAYAKARA BEEDI, SHETTIHALLI, KASABA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT- 572101. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13493 WP No. 4659 of 2026 4. RANGASWAMY, S/O LATE APPAIAH, AGED ABOUT 68 YEARS. 5. ABDUL MAJID, S/O LATE ABDUL SUBAN, AGED ABOUT 63 YEARS. 6. HANUMANTHARAYA, S/O LATE SHETTALLAIAH, AGED ABOUT 64 YEARS. 7. VEERAIAH, S/O LATE VENKATARAVANAIAH, AGED ABOUT 68 YEARS. 8. KALAMMA, W/O LATE VENKATACHALAIAH, AGED ABOUT 63 YEARS. 9. NAGARATHNAMMA, D/O LATE RAMANNA, AGED ABOUT 61 YEARS. 10. S. SRINIVAS, S/O SANJEEVAIAH, AGED ABOUT 48 YEARS. 11. FAROOQ AHAMED, S/O LATE ABDUL SUBHAN, AGED ABOUT 65 YEARS. 12. RAFEE AHAMED, S/O LATE ABDUL SUBHAN, AGED ABOUT 63 YEARS. 13. K.S. KUMARASWAMY, S/O A. SIDDAPPA, AGED ABOUT 53 YEARS. - 3 - HC-KAR NC: 2026:KHC:13493 WP No. 4659 of 2026 THE RESPONDENTS NO.4 TO 13 ARE R/AT SHETTIHALLI VILLAGE, KASABA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572101. …RESPONDENTS (BY SMT. S. ASFIYA KAUNAIN, ADVOCATE FOR R5, R11 & R12) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND ISSUE A WRIT OF CERTIORARI OR ANY WRIT OR SET-ASIDE THE ORDER DATED 12.10.2023, PASSED IN O.S.NO.737/2023, ON THE FILE OF III ADDL SENIOR CIVIL JUDGE AND JMFC AT TUMAKURU, VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE SAID APPLICATION I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 BY THE PETITIONER, BY ALLOWING THE ABOVE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY 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 has called in question the order dated 12.10.2023, passed by the III Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.737/2023 on I.A.No.1 filed by the petitioner/plaintiff under Order XXXIX Rule 1 and 2 of CPC. 2. The petitioner/plaintiff has filed a suit for partition and separate possession in O.S.No.737/2023. Along with the suit, he has filed I.A.No.1 under Order XXXIX Rule 1 and 2 of - 4 - HC-KAR NC: 2026:KHC:13493 WP No. 4659 of 2026 CPC seeking temporary injunction against the respondents to not to alienate the suit schedule property till the disposal of the suit. The Trial Court has refused to grant exparte temporary injunction. Notice is issued to the parties on 15.11.2023. Thereafter, some of the respondents/defendants have been served. So far no order has been passed on I.A.No.1. Therefore, the petitioner is before this Court. 3. The learned counsel appearing for the petitioner submitted that respondent Nos.5, 11 and 12 have tried to alienate the suit schedule property. 4. The learned counsel appearing for respondent Nos.5, 11 and 12 has submitted that the suit is filed in the year 2023. So far the parties have not made any efforts to alienate that property. The learned counsel submitted that respondent Nos.5, 11 and 12 undertake that they will not alienate the suit item No.5 of the property till the disposal of the application. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the Trial Court to dispose of I.A.No.1 filed by the - 5 - HC-KAR NC: 2026:KHC:13493 WP No. 4659 of 2026 petitioner/plaintiff under Order XXXIX Rule 1 and 2 as expeditiously as possible, not later than end of April 2026. Sd/- (H.T. NARENDRA PRASAD) JUDGE MD List No.: 1 Sl No.: 16