- 1 - HC-KAR NC: 2026:KHC:19774 WP No. 13383 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13383 OF 2025 (GM-CPC) BETWEEN: KANTHAMMA D/O LATE VEERANNACHAR, W/O MADAVACHAR, AGED ABOUT 74 YEARS, R/AT HYADALU VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. …PETITIONER (BY SRI. SATHISH S.K., ADVCOATE FOR SMT.JYOTHI S K., ADVOCATE) AND: 1. KESHAVAMURTHY S/O. LATE VEERANNACHAR, AGED ABOUT 61 YEARS, 2. DAYANANDSAGAR S/O. LATE VEERANNACHAR, AGED ABOUT 58 YEARS, 3. MEENAKSHAMMA D/O. LATE VEERANNACHAR, AGED ABOUT 56 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19774 WP No. 13383 of 2025 4. PUSHPAVATHI D/O LATE VEERANNACHAR, AGED ABOUT 54 YEARS, 5. RUDRESHAIAH S/O. LATE VEERANNACHAR, AGED ABOUT 52 YEARS, 6. NAGARAJU S/O. LATE VEERANNACHAR, AGED ABOUT 49 YEARS, ALL ARE RESIDING AT R/AT. DASENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 7. PARVATHAMMA W/O. LATE VEERANNACHAR, AGED ABOUT 79 YEARS, R/AT.DASENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.12.2022 AT ANNEXURE - A PASSED BY THE LEARNED SR.CIVIL JUDGE AND JMFC NELAMANGALA IN MA NO.25/2022 CONFIRMING THE ORDER OF TRIAL COURT DATED 18.06.2022 AT ANNEXURE - D IN O.S.NO.452/2021 PASSED BY I ADDL CIVIL JUDGE AND JMFC, NELAMANGALA AND ETC. - 3 - HC-KAR NC: 2026:KHC:19774 WP No. 13383 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-defendant No.1 has called in question the order dated 13.12.2022 passed by the Senior Civil Judge & JMFC, Nelamangala (for short, the ‘Appellate Court’) in M.A.No.25/2022 whereby the order passed by the I Additional Civil Judge & JMFC, Nelamangala (for short, the ‘Trial Court’) dated 18.06.2022 in O.S.No.452/2021 has been reversed. 2. For the sake of convenience, the parties shall be referred to as per the rankings before the Trial Court. 3. The plaintiffs filed a suit for partition and separate possession. Along with the plaint, the plaintiffs filed an application under Order 39 Rules 1 and 2 of Civil Procedure Code, 1908 (for short, the ‘CPC’) seeking temporary injunction against the defendants not to alienate the suit schedule property. The Trial Court by order dated 18.06.2022 rejected the application for grant of temporary injunction. - 4 - HC-KAR NC: 2026:KHC:19774 WP No. 13383 of 2025 4. Being aggrieved by the said order, the plaintiffs filed an appeal in M.A.No.25/2022 before the Appellate Court. The Appellate Court by impugned order dated 13.12.2022 has directed the parties not to alienate the suit schedule property since the suit is for partition and the relationship of the parties is also not in dispute, the matter is under adjudication. 5. The Appellate Court is justified in granting an injunction order. There is no error or illegality in the order passed by the Appellate Court. The writ petition is devoid of merit. Accordingly, the writ petition is dismissed. 6. It is clarified that the order dated 13.12.2022 merely restrains the alienation of the suit schedule property and shall not preclude the petitioner from using the said land for agricultural purposes. 7. Having regard to the fact that the suit is of the year 2021, the Trial Court is directed to dispose of the suit as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order. The - 5 - HC-KAR NC: 2026:KHC:19774 WP No. 13383 of 2025 parties are directed to co-operate for early disposal of the matter. Sd/- (H.T. NARENDRA PRASAD) JUDGE SNB List No.: 1 Sl No.: 5