Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.22225 OF 2026 (GM-CPC) BETWEEN:
SMT. GOWRAMMA W/O SRI. ANJANAPPA, D/O MARIYAPPA, AGED ABOUT 64 YEARS, R/AT NO.60/2, BHARATH NILAYA, (GANGADHARESHWARA PRASANNA) 8TH CROSS, MARUTHI ROAD, SHAKAMBARI NAGAR, J. P. NAGAR, 1ST PHASE (SARAKKI), BENGALURU - 560 078 …PETITIONER (BY SRI. SWAMY M M, ADVOCATE)
AND:
1. SMT. JAYAMMA. K W/O LATE T. SHIVARAM, AGED BOUT 85 YEARS
2. SMT. SARASWATHI S, D/O LATE T. SHIVARAM, AGED ABOUT 63 YEARS
3. SMT. RATHNAMALA S, D/O LATE T. SHIVARAM, AGED BOUT 61 YEARS
4. SRI. PREMKUMAR S, S/O LATE T. SHIVARAM, AGED ABOUT 55 YEARS
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
5. SRI. SHASHIKIRAN S, S/O LATE T. SHIVARAM, AGED BOUT 54 YEARS
RESPONDENT NOS.1 TO 5 ARE ALL R/AT 18/39, 4TH STAGE, 4TH BLOCK, PETROL BUNK, BENGALURU - 560 079
6. SMT. THAYAKKA, W/O NARASIMHAIAH, D/O LATE THIMMARAYAPPA, AGED ABOUT 90 YEARS, R/AT NO.62, RAMAKRISHNA MATT ROAD, ULLASOR, BENGALURU
7. SMT. CHIKKAMMA, W/O NARASIMHAIAH, D/O THIMMARAYAPPA, AGED ABOUT 90 YEARS, R/AT NO.20, RED COLOUR MASIDE BUILDING, JALAKANTESHWARA NAGAR, MAIN ROAD, WILSON GARDEN SLUM, BENGALURU - 30
8. SMT. KAMALAMMA, W/O CHANNAPPA, D/O KRISHNAPPA, AGED ABOUT 55 YEARS, R/AT NO.09, 4TH MAIN, K. R. GARDEN, MURUGESHPALYA, HAL POST, BENGALURU - 19
9. SMT. SORAJAMMA, W/O TIRUMALAPPA, AGED ABOUT 65 YEARS,
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CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
R/AT NO.44, 4TH CROSS, 4TH MAIN, K. M. LAYOUT, G. PALYA, OPP: LITTLE CHAMPION PLAYA HOME, BENGALURU - 29
10. SMT. LAKSHMI, D/O TIRUMALAPPA, AGED ABOUT 44 YEARS, R/AT NO.44, 4TH CROSS, 4TH MAIN, K. M. LAYOUT, S. G. PALYA, OPP: LITTLE CHAMPION BEACH HOME, BENGALURU - 29
11. SRI. HANUMANTHAPPA, S/O LATE THIMMARAYAPPA, AGED ABOUT 80 YEARS, R/AT NO.47, (REAL ESTATE AGENT), 3RD MAIN, 4TH CROSS, RAMAJANEYA NAGAR, CHIKKALSANDRA, BENGALURU - 61
12. SMT. AMAYAMMA, D/O LATE THIMARAYAPPA, AGED ABOUT 78 YEARS, R/AT NO.22, OLD NO.42, 9TH CROSS, NARAYANAPURA, WILSON GARDEN SLUM, BENGALURU - 30
13. SRI.
RAVINDRA VAMAN KORE, S/O LATE VAMAN S. KORE, AGED ABOUT 86 YEARS, R/AT 4 A-B, VILLAGE APARTMENTS, 163/11 VANI VILASA ROAD, BASAVANAGUDI, BENGALURU - 04
14. SRI. GANESH, S/O CHANNAPPA,
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CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
AGED ABOUT 61 YEARS, R/AT T. BEGUR, PREACHING HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT
15. SMT. SEEMA GAJARIA, W/O LATE BHARATH R. GARARIA, AGED ABOUT 70 YEARS, R/AT NO.403, SHANTHINIKETHAN APARTMENTS, NO.294, 34TH CROSS, JAYANAGAR, 7TH BLOCK, BENGALURU - 82
16. SRI. MANISH B. GAJARIA, S/O LATE BHARATH R. GAJARIA, AGED ABOUT 49 YEARS, R/AT NO.294, 34TH CROSS, JAYANAGAR, 7TH BLOCK, BENGALURU - 82
17. GIRISH B. GAJARIA, S/O LATE BHARATH R. GARARIA, AGED ABOUT 47 YEARS, R/AT NO.403, SHANTHINIKETHAN APARTMENTS, NO.294, 34TH CROSS, JAYANAGAR, 7TH BLOCK, BENGALURU - 82
18. SPECIAL LAND ACQUISITION OFFICER, NO.30/2, KINI BUILDING, 1ST CROSS, GANDHINAGAR, BENGALURU - 560 009
19. SPECIAL LAND ACQUISITION OFFICER, NELAMANGALA, TUMKUR HIGHWAY, BENGALURU - 560 001
20. COMMISSIONER, DEPARTMENT OF INDUSTRIES AND COMMERCE, STATE OF KARNATAKA,
"KHANIJA BHAVAN"
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CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
RACE COURSE ROAD, BENGALURU
21. SRI. NAGARAJU, S/O LATE MELUGIRIYAPPA @ RAJANNA, AGED ABOUT 82 YEARS
22. SMT. LAKSHMAMMA, D/O LATE MELUGIRIYAPPA @ RAJANNA, AGED ABOUT 80 YEARS,
23. SMT. RATHNAMMA, D/O LATE MELUGIRIYAPPA @ RAJANNA, AGED ABOUT 73 YEARS
24. SRI. SRINIVASA R, S/O LATE MELUGIRIYAPPA @ RAJANNA, AGED ABOUT 70 YEARS
25. SRI. NARAYANA R, S/O LATE MELUGIRIYAPPA @ RAJANNA, AGED ABOUT 67 YEARS
26. SMT. VASANTHA, D/O LATE MELUGIRIYAPPA @ RAJANNA, AGED ABOUT 63 YEARS
27. SMT. LEELAVATHI, D/O LATE MELUGIRIYAPPA @ RAJANNA, AGED ABOUT 61 YEARS
RESPONDENT NOS.23 TO 27 ARE ALL R/AT NO.700, 15TH MAIN ROAD, MATHIKERE, BENGALURU - 54
28. SRI. B. T. SRINIVASA MURTHY, S/O LATE MUDALATHIMMAIAH T. @ MUDALAGIRITHIMMAPPA, AGED ABOUT 84 YEARS
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CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
29. SRI.
RAMESH, S/O LATE MUDALATHIMMAIAH T. @ MUDALAGIRITHIMMAPPA, AGED ABOUT 77 YEARS
30. SRI. SURESH, S/O LATE MUDALATHIMMAIAH T. @ MUDALAGIRITHIMMAPPA, AGED ABOUT 77 YEARS,
RESPONDENT NOS.28 TO 30 ARE ALL R/AT NO.25/1, 1ST CROSS, AZADNAGARA, CHAMARAJAPET, BENGALURU - 18 …RESPONDENTS
(BY SRI. P.SURESH, ADVOCATE FOR C/R1 TO R5)
THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 10.07.2026 PASSED ON I.A. NO.3 IN MISC. NO.68/2026 BY THE PRL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, VIDE ANNEXURE-N BY CONFIRMING THE INTERIM ORDER OF STAY GRANTED ON 16.06.2026, VIDE ANNEXURE-F, PASSED IN PRL. DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN MIS.NO.68/2026 AND ETC
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR
CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
ORAL ORDER Aggrieved by the order dated 10.07.2026 passed on I.A.No.III in Civil Misc. No.68/2026 by the Principal District and Sessions Judge, Bengaluru Rural District, the petitioner/defendant No.1 is before this Court.
2. The respondents herein filed a suit for partition. Initially, the trial court had granted a stay of further proceedings. Thereafter, the plaintiffs filed an application to vacate the order, which was allowed.
3. While allowing the application, the trial Court observed that the instant petition was initially filed by the petitioner seeking to transfer O.S.No.123/2010 on the file of the Senior Civil Judge, Nelamangala, to the Court of the Principal Civil Judge and JMFC, Nelamangala, and to club the said suit with O.S. No.76/1997 and O.S. No.312/1997 pending before the same Court. After filing the petition, the petitioner sought a stay of the proceedings in O.S. No.123/2010, and by
order dated 16.06.2026, the Court stayed the suit till the disposal of the transfer of the property. The Court observed
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HC-KAR
CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
that on perusal of the order passed in MFA No.7739/2025, dated 17.04.2026, it was evident that a direction had already been issued in the MFA to dispose of the matter, since it was of the year 2010. This matter was not brought to the notice of this Court. Further, when there is a direction to the concerned Court, even if there is a serious dispute regarding title between the parties, any order passed by this Court will cause hindrance to the trial of that suit, wherein a direction has already been issued. Hence, the trial Court did not find any reason and accordingly dismissed.
4.
Learned counsel appearing on behalf of the petitioner submits that, with respect to the scheduled properties, suits for declaration have been filed, and, in fact, one suit has been decreed. Unless and until the suit is transferred to the other Court and clubbed with the matters, there would be scope for conflicting judgments, and the relief of declaration sought goes to the root of the matter. The trial Court, without considering all this, dismissed the petition solely on the ground that an order has been passed and a direction was issued in MFA.
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CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
5.
Learned counsel appearing on behalf of the respondents submits that the petitioner's case cannot be transferred to the other Court because the petitioner has sought partition before the Senior Civil Judge in respect of several properties. The other suits are pending before the Junior Division for declaration. It is submitted that the suit cannot be transferred to the Junior Division, that the court has no jurisdiction to decide the dispute raised by the petitioner, and that, apart from that, the suit is of the year 2010 and MFA orders were passed to dispose of the matter in a time-bound manner. This aspect was brought to the notice of the court, and the court has rightly dismissed the application.
6. Having heard the learned counsels on either side, perused the material on record. The present suit for partition filed by the respondents herein is of the year 2010. In respect of that, an injunction was granted. Against that, an appeal was filed. In the appeal, a timeline was fixed to dispose of the suit. The contention is that some of the suits, in respect of the very same properties, are pending before the Junior Division, and this matter also has to be transferred there. As rightly
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HC-KAR
CNR: KAHC010490502026 NC: 2026:KHC:37829 WP No. 22225 of 2026
submitted by the learned counsel for the respondents, the Junior Division has no jurisdiction to try this suit for partition involving several properties. Further, considering the orders passed in MFA, the trial Court has rightly dismissed the application, and this Court finds no reason to interfere. In that view of the matter, this Court is passing the following:
ORDER i. Accordingly, the writ petition is dismissed. ii. All pending I.As., in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
PKN List No.: 1 Sl No.: 45