- 1 - HC-KAR CNR: KAHC010615152026 NC: 2026:KHC:52977 WP No. 28078 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28078 OF 2026 (GM-CPC) BETWEEN: 1. SMT.KRISHNAMMA DAUGHTER OF LATE. MUNIYAPPA GRAND DAUGHTER OF LATE. CHIKKATHAYAMMA AGED ABOUT 60 YEARS, RESIDING AT NO.164/4, 1ST MAIN ROAD, MUNESHWARA BLOCK, CHOLANAYAKANAHALLI, R.T.NAGAR POST, BENGLAURU-560032 AADHAR No. 8062 1340 7892 2. SRI.C.M.RAMACHANDRA SON OF LATE.MUNIYAPPA GRANDSON OF LATE. CHIKKATHAYAMMA AGED ABOUT 50 YEARS, RESIDING AT NO.01, SHREE SAI NIVAS, SEETHAPPA LAYOUT, CHOLANAYAKANAHALLI, R.T.NAGAR POST, BENGALURU-560032 …PETITIONERS (BY SRI. KRISHNA MURTHY T. R., ADVOCATE) AND: 1. SMT.PILLAMMA WIFE OF LATE.MUNIYAPPA, AGED ABOUT 82 YEARS, AADHAR NO.3326 9264 0956 RESIDING AT NO.164, 1ST MAIN ROAD, MUNESHWARA BLOCK, CHOLANAYAKANAHALLI, RT NAGAR POST, BENGALURU-560032 Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010615152026 NC: 2026:KHC:52977 WP No. 28078 of 2026 2. SMT. HEMAVATHI DAUGHTER OF LATE.MUNIYAPPA GRAND DAUGHTER OF LATE. CHIKKATHAYAMMA AGED ABOUT 56 YEARS, RESIDING AT NO.307, TANK BUND ROAD, YELAHANKA, BENGLAURU-560064 AADHAR NO.9430 3785 7267 3. SRI.C.M.RAMESH SON OF LATE. MUNIYAPPA GRAND SON OF LATE. CHIKKATHAYAMMA AGED ABOUT 53 YEARS, RESIDING AT NO.59, SHREE SAI NIVAS, CHOLANAYAKANAHALLI, R.T.NAGAR POST, BENGALURU-560032 AADHAR No.9821 3793 6996 4. SMT. LALITHAMMA WIFE OF CHANDRAMOULI, AGED ABOUT 63 YEARS, RESIDING AT KAIKONDARAHALLI VILLAGE, VARTHUR HOBLI, CARMELARAM POST, SARJAPURA ROAD, BENGLAURU-560035 5. SMT. MANGALAGOWRI, WIFE OF LATE.K.S.RUDRAPPA, AGED ABOUT 65YEARS, 6. SRI.K.R.MANJUNATHA SON OF LATE.K.S.RUDRAPPA, AGED ABOUT 43 YEARS 7. SRI.K.R.VISHWANATHA SON OF LATE.K.S.RUDRAPPA, AGED ABOUT 36 YEARS, 8. SRI.NANJUNDAPPA SON OF LATE.K.L.SHIVANNA, AGED ABOUT 70 YEARS, - 3 - HC-KAR CNR: KAHC010615152026 NC: 2026:KHC:52977 WP No. 28078 of 2026 9. SMT. RAJESHWARI WIFE OF LATE.SOMASHEKAR AGED ABOUT 64 YEARS, 10. SRI. VIDYA SHANKAR SON OF LATE.SOMASHEKAR AGED ABOUT 44 YEARS, 11. SRI. VIVEK SON OF LATE.SOMASHEKAR AGED ABOUT 42 YEARS, 12. SRI.JAGADISH SON OF LATE.K.L.SHIVANNA AGED ABOUT 65 YEARS, 13. SRI.RAJENDRA @ RAJANNA SON OF LATE.K.L.SHIVANNA AGED ABOUT 60 YEARS 14. SRI. VIJAYKUMAR SON OF LATE.K.L.SHIVANNA AGED ABOUT 56 YEARS, THE RESPONDENT No.5 TO 12 ARE RESIDING AT No.32, KAIKONDANAHALLI VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU-560035. 15. SMT.PUTTAGOWRAMMA WIFE OF NANJUNDAPPA AGED ABOUT 74 YEARS, RESIDING AT NO.2/2 (222), 21ST MAIN ROAD, SRINIVASANAGAR, NANDINI LAYOUT, BENGLAURU. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) - 4 - HC-KAR CNR: KAHC010615152026 NC: 2026:KHC:52977 WP No. 28078 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE IMPUGNED ORDER PASSED ON I A NO.1 DATED 10.08.2026 IN O.S.NO.5800/2026, (ANNEXURE A) AND THEREBY ALLOW THE APPLICATION IN I A NO.1 FILED BY THE PETITIONERS UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF THE CODE CIVIL PROCEDURE, BEFORE THE HON'BLE LEARNED IX ADDITIONAL CITY CIVIL AND SESSION JUDGE (CCH-5), AT BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The petitioners instituted a suit for partition in O.S. No.5800/2026, along with I.A. No.1/2026 under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), seeking an ex-parte ad- interim temporary injunction restraining the defendants from alienating the suit schedule property or creating any interest therein. The Trial Court, by the impugned order, issued notice on I.A. No.1/2026 as well as on the suit. 2. Learned counsel appearing for the petitioners submits that the defendants are attempting to alienate the suit schedule property with a view to deprive the petitioners of their - 5 - HC-KAR CNR: KAHC010615152026 NC: 2026:KHC:52977 WP No. 28078 of 2026 rights and that, if they are not restrained, such alienation would result in multiplicity of proceedings and creation of third-party rights. 3. Considered the submissions made by the learned counsel for the petitioners. 4. Perused the pleadings and considered the limited relief that can be granted by this Court. In view thereof, issuance of notice to the respondents is dispensed with. 5. The suit is one for partition. Pending adjudication of the rights of the parties, it would be appropriate to maintain the status quo in respect of the suit schedule property. Undoubtedly, if any alienation is permitted, it may result in multiplicity of proceedings and also prejudice the rights of the parties. 6. In that view of the matter, both the parties are directed to maintain status quo in respect of the suit schedule property till consideration of I.A. No.1/2026 filed under Order XXXIX Rules 1 and 2 of the CPC. - 6 - HC-KAR CNR: KAHC010615152026 NC: 2026:KHC:52977 WP No. 28078 of 2026 7. The Trial Court is directed to consider the said application within a period of six weeks from the next date of hearing, which is scheduled on 29.09.2026. The petitioners are directed to place a copy of this order before the Trial Court on the next date of hearing. 8. Accordingly, the writ petition is disposed of. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 29