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2026 DAILYLAW 17273 (KAR)

H.R.MANJESH v. R.SUNDRAMMA

WP/27229/2025 · 2026-03-02

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:12810 WP No. 27229 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 27229 OF 2025 (GM-CPC) BETWEEN: H.R.MANJESH S/O LATE H.H. RAMEGOWDA AGED ABOUT 45 YEARS R/O HERUR VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMKURU DISTRICT- 572 130. …PETITIONER (BY SRI. N B NIJALINGAPPA., ADVOCATE) AND: 1. R.SUNDRAMMA W/O LATE H.H. RAMEGOWDA AGED ABOUT 75 YEARS. 2. H.R. VENKATHESHMURTHY S/O LATE H.H. RAMEGOWDA AGED ABOUT 48 YEARS. 3. H.R. RAGHAVENDRA S/O LATE H.H. RAMEGOWDA AGED ABOUT 43 YEARS. 4. H.R. PUSHPALATHA D/O LATE H.H. RAMEGOWDA W/O H.D. NAGARAJ AGED ABOUT 55 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12810 WP No. 27229 of 2025 ALL ARE R/O HERUR VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMKURU DISTRICT- 572 130. …RESPONDENTS (R1 TO R4 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC KUNIGAL ON 13.07.2022 IN O.S. NO.119/2021 REJECTING THE I.A. NO.IV. VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the order dated 13.07.2022 passed in O.S. No.119/2021 on I.A. No.4, filed under Section 151 of the CPC, seeking payment of interim maintenance of Rs.20,000/- to the second plaintiff (petitioner herein). 2. The plaintiffs filed a suit for partition and separate possession in O.S.No.119/2021 before the Senior Civil Judge and JMFC at Kunigal. During the pendency of the - 3 - HC-KAR NC: 2026:KHC:12810 WP No. 27229 of 2025 suit, they filed an application seeking interim maintenance. The trial court has given a clear finding that, as per the documents, namely the revenue records, the suit schedule properties except item No.4 therein stand in the name of the first respondent. When the documents stand in the name of a female, there is a presumption under Section 14 of the Hindu Succession Act that the said properties are her self-acquired properties, unless the contrary is proved. Furthermore, it has been observed by the trial court that the petitioner has made contradicting contentions regarding the enjoyment of the suit schedule properties. 3. At this stage, without a full-fledged trial, it cannot be decided whether the suit schedule properties are joint family properties or not. Therefore, the application for payment of interim maintenance has been rightly rejected by the trial court. There is no error or illegality in the order passed by the trial court. - 4 - HC-KAR NC: 2026:KHC:12810 WP No. 27229 of 2025 4. Accordingly, the writ petition is dismissed. The trial court is directed to dispose of the suit as expeditiously as possible, and in any event, not later than six months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 31