- 1 - HC-KAR NC: 2026:KHC:10827 WP No. 5487 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 5487 OF 2026 (GM-CPC) BETWEEN: SRI. CHETHANA K.O, S/O. SRI C.ONKARAPPA, AGED ABOUT 38 YEARS, R/OF KUNTINAMADU, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKMAGALURU DISTRICT-577 228. …PETITIONER (BY SRI.GNANESH N I., ADVOCATE) AND: 1. SMT. K.O.JAYASHEELA, W/O. S.K.GIRISH AGED ABOUT 36 YEARS, R/OF DRUVA RESIDENCY, EKKURU ROAD, MANGALURU, DAKSHINA KANNADA DISTRICT-575 001. 2. SRI C.ONKARAPPA, S/O. LATE CHANDRAPPA, AGED ABOUT 70 YEARS, R/OF KUNTINAMADU, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKMAGALURU DISTRICT-577 228. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ORDER OR DIRECTION IN THE SETTING ASIDE THE ORDER DTD. 15.12.2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, TARIKERE ON I.A NO.8 IN O.S NO.64/2022 Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10827 WP No. 5487 of 2026 PRODUCED AT ANNEXURE-G AND ALLOW THE SAID APPLICATION IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Heard the learned counsel for the petitioner. 2. This petition has been filed seeking the following relief: “PRAYER a. Issue a writ in the nature of certiorari or order or direction in the setting aside the order dated 15.12.2025 passed by the Senior Civil Judge & JMFC, Tarikere on IA No.8 in O.S.No.64/2022 produced at Annexure-G and allow the said application in the interest of justice. b. Grant such other relief/s considering the facts and circumstances of the case together as to costs in the interest of justice and equity.” 3. The petitioner is defendant No.2. A suit was filed by the plaintiff / respondent No.1 seeking partition and separate possession of the plaintiff's 1/3rd share in all the suit schedule properties. Admittedly, the relief sought for by the petitioner in I.A No.VIII, which is enclosed as Annexure - E to - 3 - HC-KAR NC: 2026:KHC:10827 WP No. 5487 of 2026 the instant petition, sought a direction to defendant No.1 / respondent No.2 to allow/permit defendant No.2 / petitioner herein to reside in the residential house (1st floor) in item No.5 of the suit schedule property. By means of the impugned order, the I.A has been rejected holding that the suit schedule properties are joint family properties which is not disputed by defendant No.2 / petitioner. It was observed that a coparcener has every right over every inch of the ancestral property unless and until the final decree for partition is passed. Accordingly, I.A No.VIII was rejected. 4. I see no error in the impugned order passed by the trial Court. The order is based on sound legal principles. Any such permission, which, would be in the nature of a mandatory injunction, cannot be granted in a suit for partition with regard to a property that is admittedly ancestral property in which the petitioner admits to be a coparcener. 5. For the reason aforesaid, I find no merit in this petition and it is therefore dismissed. - 4 - HC-KAR NC: 2026:KHC:10827 WP No. 5487 of 2026 6. The Registry is directed to communicate this order to the concerned trial Courts within fifteen days from today so that it is kept on the record. Sd/- (JAYANT BANERJI) JUDGE KG List No.: 1 Sl No.: 9