- 1 - HC-KAR NC: 2026:KHC:22918 WP No. 11952 of 2026 C/W WP No. 13446 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11952 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 13446 OF 2026 (GM-CPC) IN WP NO. 11952/2026 BETWEEN: SRI SHANKARAPPA S/O JUNJAPPA AGE ABOUT 71 YEARS R/AT HIREKARAPANAHALLI VILLAGE MANDAGI POST, BUDIKOTE HOBLI BANGARPET TALUK BANGARPET - 563114 …PETITIONER (BY SRI. MANJUNATHA A., ADVOCATE) AND: 1. SMT. YASODHAMMA W/O LATE NAGARAJ AGE ABOUT 48 YEARS R/AT HIREKARAPANAHALLI VILLAGE MANDAGI POST, BUDIKOTE HOBLI BANGARPET TALUK BANGERPET - 563114 2. SRI SUNIL KUMAR S/O LATE NAGARAJ AGE ABOUT 28 YEARS R/AT HIREKARAPANAHALLI VILLAGE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22918 WP No. 11952 of 2026 C/W WP No. 13446 of 2026 MANDAGI POST, BDIKOTE HOBLI BANGARPET TALUK BANGERPET - 563114. 3. SUVARNA D/O LATE NAGARAJ AGE ABOUT 28 YEARS R/AT HIREKARAPANAHALLI VILLAGE MANDAGI POST, BUDIKOTE HOBLI BANGARPET TALUK BANGERPET - 563114. …RESPONDENTS (BY SRI.RENUKARADHYA R D, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN M.A. NO. 42/2025, ON THE FILE OF THE I ADDL.CIVIL JUDGE AND JMFC, KGF, ITINERARY AT BANGARPET IN MA NO. 42/2025, PERUSE THE SAME AND SET ASIDE THE ORDER DATED 17.03.2026 AS PER ANNEXURE-G AND ETC. IN WP NO. 13446/2026 BETWEEN: SRI SHANKARAPPA S/O JUNJAPPA AGED ABOUT 71 YEARS R/AT HIREKARAPANAHALLI VILLAGE MANDAGI POST, BUDIKOTE HOBLI BANGARPET TALUK BANGARPET-563114. ...PETITIONER (BY SRI. MANJUNATHA A., ADVOCATE) AND: SRI SUNIL KUMAR S/O LATE NAGARAJ AGED 28 YEARS - 3 - HC-KAR NC: 2026:KHC:22918 WP No. 11952 of 2026 C/W WP No. 13446 of 2026 R/AT HIREKARAPANAHALLI VILLAGE MANDAGI POST, BUDIKOTE HOBLI BANGARPET TALUK BANGARPET -563114 ...RESPONDENT (BY SRI. RENUKARADHYA R D., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE I ADDITIONAL CIVIL JUDGE AND JMFC, KGF, ITINERARY AT BANGARPET IN M.A. NO. 41/2025, AND ALSO FROM THE OF PRL. CIVIL JUDGE AND JMFC, BANGARPET IN O.S. NO. 96/2025 PERUSE THE SAME AND SET-ASIDE THE ORDER DATED 17.03.2026 AS PER ANNEXURE –R AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER These writ petitions are filed under Article 227 of the Constitution of India, challenging the orders, both dated 17.03.2026, passed in M.A.Nos.42/2025 and 41/2025, respectively, by the I Additional Senior Civil Judge and JMFC, KGF, itinerary at Bangarpet. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. - 4 - HC-KAR NC: 2026:KHC:22918 WP No. 11952 of 2026 C/W WP No. 13446 of 2026 3. The petitioner in W.P.No.11952/2026 is the plaintiff in O.S.No.95/2025 and the defendant in O.S. No. 96/2025, and respondent No. 2 in W.P. No. 11952/2026 is the plaintiff in O.S.No.96/2025 and defendant No.2 in O.S. No.95/2025. Both the suits pertain to the same suit schedule property. In O.S.No.95/2025, the trial court allowed the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (for short, ‘CPC’). The same was reversed by the I Appellate Court in M.A.No.42/2025. In O.S.No.96/2025, the trial court rejected the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of the CPC, and the same was reversed by the I Appellate Court. Therefore, the plaintiff in O.S.No.95/2025 and the defendant in O.S. No. 96/2025 are before this Court. 4. Since the possession of respondent No. 2/ defendant No.2 in the ‘B’ Schedule property is not disputed by the parties, and the petitioner/plaintiff contends that he is in permissive possession, a suit for - 5 - HC-KAR NC: 2026:KHC:22918 WP No. 11952 of 2026 C/W WP No. 13446 of 2026 declaration and possession of the properties has been filed. Respondent No.2/defendant No.2, who is in possession of the ‘B’ Schedule property, has demolished the existing building and intends to construct a new building. At that stage, the parties approached the civil court. 5. In view of the above and in the interest of justice, the following order is passed: (i) The writ petitions are disposed of. (ii) The order passed by the I Appellate Court is modified to the effect that respondent No. 2/ defendant No. 2 – Sunil Kumar may be permitted to put up construction in the ‘B’ Schedule property. (iii) The said construction shall be subject to the result of the suits. (iv) Respondent No. 2/defendant No. 2 – Sunil Kumar shall file an affidavit before the trial court on - 6 - HC-KAR NC: 2026:KHC:22918 WP No. 11952 of 2026 C/W WP No. 13446 of 2026 or before the next date of hearing stating that, in the event he fails in the suit, he will not claim any equity and will vacate the premises without any further litigation. (v) Respondent No. 2/defendant No. 2 – Sunil Kumar shall not create any third-party rights in respect of the ‘B’ Schedule property until disposal of the suits. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 18