- 1 - HC-KAR NC: 2026:KHC:34330 WP No. 4304 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 4304 OF 2023 (GM-CPC) BETWEEN: SRI SUHAS RAMACHANDRA GOWDA S/O DODDABASAVARAJU, AGED ABOUT 42 YEARS, R/AT NO.490/4, F-BLOCK, 19TH MAIN, BEHIND M.C. DONALD, SAHAKAR NAGAR, BANGALORE NORTH, BANGALORE - 92. …PETITIONER (BY SRI. KOUSHIK M S.,ADVOCATE) AND: 1. M/S CLASSMATE PROPERTIES PARTNERSHIP FIRM NO.49, 3RD FLOOR, G BLOCK, SAHAKAR NAGAR, BANGALORE-92. REP BY ITS PARTNER SRI. R. RAVISHEKAR RAJU 2. SRI. DODDABASAVARAJAPPA S/O LATE VASUDEVAPPA, AGED ABOUT 70 YEARS, SMT. NARAYANAMMA W/O DODDABASAVARAJU, NOW DEAD REPRESENTED BY HER LEGAL REPRESENTATIVE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34330 WP No. 4304 of 2023 3. SRI H D MANJUNATHA GOWDA S/O DODDABASAVARAJU, AGED ABOUT 39 YEARS, RESPONDENTS NO.2 TO 4 ARE RESIDING AT UTTANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU. 4. SMT. ASHA D/O DODDABASAVARAJU AND W/O B BALAKRISHNA, AGED ABOUT 35 YEARS, R/AT NO.41/8, 1ST MAIN ROAD, BYATARAYANAPURA, BENGALURU-92. 5. SRI. G.H. NAGARAJA S/O LATE G. HANUMANTHAGOWDA, AGED ABOUT 69 YEARS, 6. SMT. HEMAVATHI W/O NAGARAJU, AGED ABOUT 62 YEARS, 7. SRI. N. VIJAY @ SHAM S/O G.H. NAGARAJU, AGED ABOUT 30 YEARS, RESPONDENTS NO.5 TO 7 ARE R/AT MATHRU SHRI NILAYA, CHIKKABALLAPURA TOWN AND DISTRICT. …RESPONDENTS (BY SRI. K.K. VASANTH, ADVOCATE FOR C/R1 VIDE ORDER DATED 15.11.2023, NOTICE TO R2 TO R7 IS D/W) - 3 - HC-KAR NC: 2026:KHC:34330 WP No. 4304 of 2023 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED 21/02/2023 VIDE ANNEXURE-A PASSED BY III ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT (TRIAL COURT) IN O.S.NO. 969/2018 ON I.A.NO.10 FILED BY R1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 21.02.2023 passed on I.A.No.10 in O.S.No.969/2018 by the III Additional Senior Civil Judge, Bengaluru Rural District (hereinafter referred to as the 'Trial Court' for short). 2. Heard Smt. Harshitha Suresh, learned counsel appearing on behalf of Sri M.S. Koushik, learned counsel for the petitioner and Sri K.K. Vasanth, learned counsel for caveator/respondent No.1. - 4 - HC-KAR NC: 2026:KHC:34330 WP No. 4304 of 2023 3. The petitioner/plaintiff has challenged the order dated 21.02.2023 passed by the Trial Court on I.A.No.10 filed by defendant No.8 under Section 151 of the Code of Civil Procedure (for short 'CPC') read with Section 52 of Transfer of Property Act. Wherein the Trial Court allowed I.A.No.10 of the CPC directing defendant No.8 to reserve Block-B towards the one-fourth share of the plaintiff. Defendant No.8 is permitted to alienate the sites noted in Blocks-A, C and D. It was further directed that defendant No.8 is liable to compensate the share of the plaintiff in the event if the reserved sites will not satisfy the share of the plaintiff. 4. It is to be noticed that, during the pendency of this petition, without prejudice to the contentions of both sides, the plaintiff has filed an affidavit today indicating that the plaintiff is ready to accept Site Nos.19 to 25 in Block-C. The said affidavit filed by the petitioner/plaintiff is placed on record. - 5 - HC-KAR NC: 2026:KHC:34330 WP No. 4304 of 2023 5. The order of the Trial Court dated 21.02.2023 is modified to the aforesaid extent by reserving Site Nos.19 to 25 in Block-C in favour of the plaintiff. The reservation of sites in favour of plaintiff is subject to the outcome of the suit. In view of the aforesaid affidavit, defendant No.8 is permitted to deal with the other sites in accordance with law. The plaintiff is permitted to alienate the sites in Blocks-A, B and D. 6. It is needless to observe that the development carried out by defendant No.8 in the said layout would also enure to the benefit of the sites earmarked for the petitioner. 7. Learned counsel for the petitioner-plaintiff undertakes to withdraw the petition filed before the Bengaluru International Airport Area Planning Authority (BIAAPA) immediately. 8. The said undertaking is placed on record. 9. The writ petition is disposed of. - 6 - HC-KAR NC: 2026:KHC:34330 WP No. 4304 of 2023 10. In view of the above, all pending interlocutory applications stand closed. No orders as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SHS List No.: 2 Sl No.: 4