- 1 - HC-KAR NC: 2026:KHC:13799 WP No. 26585 of 2025 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. 26585 OF 2025 (GM-CPC) BETWEEN: SMT VANAJAKSHI W/O MANJUNATH AGED ABOUT 36 YEARS R/A SHREENAHALLI VILLAGE HIRIKYATHANAHALLI POST GAVADAGERE HOBLI, HUNSUR TALUKU MYSURU DISTRICT - 571105. …PETITIONER (BY SRI. RUDRAPPA P., ADVOCATE) AND: 1. SRI DODDEGOWDA S/O UJJANIGOWDA AGED ABOUT 66 YEARS 2. SRI RAVIKUMAR S/O DODDEGOWDA AGED ABOUT 46 YEARS OCC AGRICULTURE 3. SMT SUCHITHRA W/O JAGADEESH AGED ABOUT 55 YEARS R1 TO R3 ARE R/AT SHREENAHALLI VILLAGE HIRIKYATHANAHALLI POST GAVADAGERE HOBLI, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13799 WP No. 26585 of 2025 HUNSUR TALUKU- 571105 …RESPONDENTS (BY SRI.AVINASH P, ADVOCATE FOR R3: R1 & R2 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 07.02.2024 PASSED BY THE HONORABLE ADDL. CIVIL JUDGE AND JMFC, AT HUNSUR IN OS NO. 75/2020, AND THE ORDER DATED 09.01.2025 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC AT HUNSUR IN MA NO. 5/2024 PRODUCED AT ANNEXURE-F AND G BY ALLOWING THE IA NO. 2 FILED BY THE PETITIONER/ PLAINTIFF UNDER ORDER XXXIX RULE 1 & 2 R/W SECTION 151 OF CPC IN OS.NO.75/2020 PRODUCED AT ANNEXURE-D 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 by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 09.01.2025 passed by the Additional Senior Civil Judge and JMFC, Hunsur in M.A. No.5/2024, confirming the order dated 07.02.2024 passed by the Additional Civil Judge and JMFC, Hunsur on I.A. No.II in O.S. No.75/2020, whereby the application filed by the petitioner/plaintiff - 3 - HC-KAR NC: 2026:KHC:13799 WP No. 26585 of 2025 under Order XXXIX Rules 1 and 2 of the Civil Procedure Code was dismissed. 2. The plaintiff has filed a suit for partition and separate possession. Along with the plaint, the plaintiff filed an application under Order XXXIX Rules 1 and 2 of the CPC seeking a direction against defendant No.3, who claims to be the purchaser of the property in respect of Item No.3, not to put up any further construction. The said application came to be dismissed by the trial Court by order dated 07.02.2024. The same has been confirmed in M.A. No.5/2024. 3. I have perused the order passed by the trial Court as well as the order passed by the I Appellate Court. There is no error or illegality in the order passed by the trial Court. The only clarification that can be made in this case is that, if the petitioner/plaintiff succeeds in the suit, the third respondent/third defendant shall not claim any equity. - 4 - HC-KAR NC: 2026:KHC:13799 WP No. 26585 of 2025 4. Accordingly, this writ petition stands disposed of by modifying the impugned order dated 09.01.2025 passed by the I Appellate Court to the effect that, in the event the petitioner/plaintiff succeeds in the suit, the third respondent/defendant shall not claim any equity. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 49