- 1 - HC-KAR CNR: KAHC010609052026 NC: 2026:KHC:53210 WP No. 28044 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. 28044 OF 2026 (GM-CPC) BETWEEN: 1. SMT. LALITHAMMA D/O LATE HONNAPPA, W/O LATE SADASHIVAIAH AGE ABOUT 69 YEARS R/A NO 96, GANAPATHYHALLI CHUNCHNAKUKPPE, BENGALURU SOUTH TALUK, BENGALURU 562130 …PETITIONER (BY SRI CHANDRASHEKHARA R., ADVOCATE) AND: 1. ASHWATHAMMA, W/O K H RAJASHEKHARAIAH AGE ABOUT 70 YEARS 2. K R NAGRATNA D/O K H RAJASHEKHARAIAH AGE ABOUT 55 YEARS 3. K.R. SHIVANAGAMMA D/O K H RAJASHEKHARAIAH AGED ABOUT 52 YEARS RESPONDENT NO.1 TO 3 ARE RESIDING AT MATHRUSHREE NILAYA, 11TH CROSS, 1ST MAIN, SRINAGARA, TUMAKURU-572104 Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010609052026 NC: 2026:KHC:53210 WP No. 28044 of 2026 4. K.H. MALLESHAIAH S/O LATE HONNAPPA AGED ABOUT 80 YEARS RESIDING AT NO 01, SHARADA NILAYA, 1ST CROSS, 3RD MAIN RANGANATHAPURA, OPP TO CANARA BANK, MAGADI MAIN ROAD, KAMAKSHIPALYA, BENGALURU-560079 5. H CHANDRAPPA S/O LATE HONNAPPA AGE ABOUT 68 YEARS 6. H GANGAPPA S/O LATE HONNAPPA AGE ABOUT 67 YEARS SL. No.5 AND 6 R/AT 02 PANCHALINGESHARA NILAYA VINAYAKA NAGARA KADABAGERE, JANAPRIYA MAIN ROAD NEAR MUTTURAYA SWAMY TEMPLE, BENGALURU NORTH, BENGALURU 560091 7. L VENUGOPAL S/O K T LOKANATHAN AGE ABOUT 66 YEARS R/A NO 368, 3RD CROSS, 1ST BLOCK, R T NAGARA BENGALURU 560032. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-A THE IMPUGNED ORDER DATED 13.07.2026 PASSED BY THE II ADDL. SENIOR CIVIL JUDGE NELAMANGALA IN OS NO. 767/2026. DIRECTING THE II ADDL. SENIOR CIVIL JUDGE NELAMANGALA TO CONSIDER THE IA NO.1 AFRESH. - 3 - HC-KAR CNR: KAHC010609052026 NC: 2026:KHC:53210 WP No. 28044 of 2026 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 petitioner instituted a suit for partition in O.S. No.767/2026, along with an application under Order XXXIX Rules 1 and 2 of the CPC, seeking an ad-interim temporary injunction restraining the defendants from alienating or creating any third-party interest in the suit schedule property. The Trial Court, by the impugned order, issued notice on I.A. No.1 as well as on the suit. 2. Learned counsel appearing for the petitioner submits that, pending consideration of the application, the defendants are attempting to alienate the suit schedule property and create third-party interests therein. If not prevented, the same would lead to multiplicity of proceedings. 3. Considering the submissions made and the limited relief that can be extended in the present case, issuance of notice to the respondents stands dispensed with. - 4 - HC-KAR CNR: KAHC010609052026 NC: 2026:KHC:53210 WP No. 28044 of 2026 4. Both the parties are directed to maintain status quo, till consideration of I.A. No.1 filed under Order XXXIX Rules 1 and 2 of the CPC. The Trial Court is directed to expedite the matter and dispose of I.A. No.1 filed under Order XXXIX Rules 1 and 2 of the CPC within eight weeks from today. 5. The petitioner shall place a copy of this order before the Trial Court and seek advancement of the case. 6. With the above observations and directions, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 28