- 1 - HC-KAR CNR: KAHC010031712023 NC: 2026:KHC:46548 WP No. 1365 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1365 OF 2023 (GM-CPC) BETWEEN: 1. CHANDRAKALA AGED ABOUT 34 YEARS D/O MAHALINGAIAH W/O SOMASHEKAR DHOOLANAHALLI VILLAGE ADAGUR HOBLI GUBBI TALUK TUMAKURU DISTRICT 572101 …PETITIONER (BY SRI. VINAYA KEERTHY M., ADVOCATE) AND: 1. PARAMESHAIAH AGED 52 YEARS S/O LT BOMMAIAH R/AT DUDDA VILLAGE KASABA HOBLI TURUVEKERE TALUk TUMKURU DISTRICT 572101 2. SHOBHA AGED 47 YEARS D/O LT BOMMAIAH W/O GANGADHARAIAH HONNEBAGI VILLAGE CHIKKANAYAKANAHALLI TALUK TUMKURU DISTRICT 572101 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010031712023 NC: 2026:KHC:46548 WP No. 1365 of 2023 3. SHANKARAMURTHY AGED 44 YEARS S/O LT BOMMAIAH R/AT DUNDA VILLAGE KASABA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT 572101 4. VEDAMURTHY AGED 72 YEARS S/O LT KOOGANNA R/AT DUNDA VILLAGE KASABA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT 572101 5. MAHALINGAIAH AGED 67 YEARS S/O LT KOOGANNA R/AT DUNDA VILLAGE KASABA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT 572101 6. DINESH KUMAR AGED 30 YEARS S/O MAHALINGAIAH R/AT DUNDA VILLAGE KASABA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT 572101. 7. SOWBHAGYA AGED 47 YEARS W/O PRABHUSWAMY R/AT DUNDA VILLAGE KASABA HOBLI TURUVEKERE TALUK - 3 - HC-KAR CNR: KAHC010031712023 NC: 2026:KHC:46548 WP No. 1365 of 2023 TUMAKURU DISTRICT 572101 8. MADHUSHREE AGED 28 YEARS D/O PRABHUSWAMY HADAVANAHALLI DANDINASIVARA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT 572101 9. BOMMALINGAIAH AGED 26 YEARS S/O PRABHUSWAMY DUNDA KASABA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT 572101. …RESPONDENTS (BY SRI. SRINIVASA M G., ADVOCATE FOR R1: SRI G.S.BALAGANGADHAR, ADVOCATE FOR R4: R2 & R3 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 14.12.2022 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, TURUVEKERE IN MA 6/2021. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff/petitioner under Articles 226 and 227 of the Constitution of India, - 4 - HC-KAR CNR: KAHC010031712023 NC: 2026:KHC:46548 WP No. 1365 of 2023 challenging the order dated 14.12.2022 passed by the Senior Civil Judge and JMFC, Turuvekere (hereinafter referred to as the “First Appellate Court”) in MA No.6/2021, whereby the order passed by the Civil Judge & JMFC, Turuvekere (for short “Trail Court”) on 22.10.2021 in OS No.368/2020 has been set aside. 2. The parties are referred to as per their ranking before the Trial Court. 3. The plaintiff filed a suit in O.S.No.368/2020 for partition and separate possession. Along with the plaint, she has filed an application under Order XXXIX Rules 1 and 2 of Civil Procedure Code. The Trial Court, by order dated 22.10.2021 has allowed the application and directed the defendants not to alienate the suit schedule properties, till the disposal of the suit. 4. Being aggrieved by the same, the respondent/ defendant No.1 filed M.A.No.6/2021 before the First Appellate Court. The First Appellate Court, by order dated - 5 - HC-KAR CNR: KAHC010031712023 NC: 2026:KHC:46548 WP No. 1365 of 2023 14.12.2022 allowed the appeal, setting aside the order passed by the Trial Court dated 22.10.2021. Being aggrieved by the same, the plaintiff is before this Court. 5. This Court, by order dated 17.02.2023 has granted an interim order, restraining the defendants from alienating the suit schedule properties. The interim order granted by this Court on 17.02.2023 is operating from last 3 years. Since the suit is now posted for arguments, I am of the opinion that, this writ petition may be disposed of by continuing the interim order granted by this Court till the disposal of the suit. Accordingly, the following: ORDER (i) This writ petition stands disposed of, directing the Trial Court to dispose of the suit, as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. - 6 - HC-KAR CNR: KAHC010031712023 NC: 2026:KHC:46548 WP No. 1365 of 2023 (ii) The interim order granted by this Court on 17.02.2023 shall continue till the disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 26