- 1 - HC-KAR NC: 2026:KHC:26893 WP No. 11595 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11595 OF 2026 (GM-CPC) BETWEEN: 1. G.VEERASHEKHARAPPA S/O. THIMMAPPA, AGED ABOUT 74 YEARS, 2. GIRIJAMMA W/O. THIMMAPPA, AGED ABOUT 74 YEARS 3. G.V.M. RAJU S/O G.VEERASHEKHARAPPA AGED ABOUT 44 YEARS 4. V RAVISH @ YAGNESH G.V., S/O G.VEERASHEKHARAPPA AGED ABOUT 39 YEARS, ALL ARE R/O. SRI NIDHI NILAYA, OPP.SHUBHAMANGALA, 1ST STAGE, 60 FT.ROAD, VINOBHANAGARA, SHIVAMOGGA-577 204 …PETITIONERS (BY SRI. S.V.PRAKASH, ADVOCATE) AND: 1. NETHRAVATHI G.V. D/O. VEERASHEKHARAPPA G., AGED ABOUT 47 YEARS, R/A. JUMBOKIDZ, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26893 WP No. 11595 of 2026 II MAIN, KRUSHINAGARA, SAVALANGA ROAD, SHIVAMOGGA -577 204 …RESPONDENT (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 13.03.2026 IN MA 25/25 PASSED BY THE COURT OF LEARNED III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA WHICH IS AT ANNEXURE-K TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed by the petitioners/defendants aggrieved by the order passed in Misc.Appeal.No.25/2025 dated 13.03.2026 passed by III Additional District and Sessions Judge, Shivamogga. 2. The suit is filed for partition and the plaintiff has filed the application seeking injunction restraining the defendants from alienating the suit schedule property till disposal of the suit. The trial Court has allowed both the I.As, against which the matter was carried in Misc.Appeal.No.25/2025 and by order impugned dated 13.03.2026, the appellate Court has allowed the appeal in part. - 3 - HC-KAR NC: 2026:KHC:26893 WP No. 11595 of 2026 The order passed on I.A.Nos.7 and 8 is confirmed in respect of ‘A’ and ‘B’ schedule properties. The order passed in respect of ‘C’ schedule properties is set aside. Against that, the defendants are before this Court. 3. A Co-ordinate Bench of this Court had passed an order on 28.04.2026 reads as follows: “Heard. Issue notice. In respect of 'B' and 'C' schedule properties are concerned, parties are directed not to create any third party interest. In respect of 'A' schedule property -residential house is concerned, the defendants are permitted to give it as a mortgage for obtaining the loan. [ If the defendants are unsuccessful in the suit, no liability will be on the plaintiff, on any loan obtained by the defendants in respect of 'A' schedule properties. Petitioner is directed to file affidavit by 30.04.2026.” 4. As per the order passed by the Co-ordinate Bench of this Court, an affidavit is filed before this Court. Paragraph Nos.2 and 3 of the affidavit reads thus: “2. I hereby undertake to discharge the loan obtained from bank of Barod, SR Road Branch, Shivamogga by mortgaging the suit A schedule property. Though the said property is my exclusive and separate property nevertheless, I hereby undertake to - 4 - HC-KAR NC: 2026:KHC:26893 WP No. 11595 of 2026 discharge the loan in the event of the suit filed by my daughter is decreed allotting 1/5th share over the same and I will not drive my daughter to discharge the loan in respect of her 1/5th share over the same. 3. I hereby undertake that we shall not create third party interest by way of alienation in respect of suit ‘C’ schedule property and also the items 1 to 7 of suit B schedule properties. So far as suit A schedule property is concerned I hereby undertake that I shall not alienate the same except creating mortgage in favour of the aforesaid bank and it shall be my responsibility to discharge the loan.” 5. Learned counsel appearing on behalf of both the parties submit that in the light of the affidavit and in the light of the earlier arrangement made by this Court, the writ petition may be disposed of. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of by modifying the order passed in Misc.Appeal.No.25/2025 dated 13.03.2026 passed by III Additional District and Sessions Judge, Shivamogga whereby the defendants are directed not to create any third party rights in respect of ‘B’ and ‘C’ schedule property. - 5 - HC-KAR NC: 2026:KHC:26893 WP No. 11595 of 2026 ii. In respect of ‘A’ schedule property, the defendants are permitted to offer it as a mortgage for obtaining the loan. iii. Further if the defendants are unsuccessful in the suit, no liability will be on the plaintiff, on any loan obtained by the defendants in respect of ‘A’ schedule properties. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 3 Sl No.: 4