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High Court of Karnataka · body

2026 DAILYLAW 42414 (KAR)

MRS NANCY SIGAMONIE v. MR A C RAJENDRAN

WP/24475/2026 · 2026-09-21

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24565 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 24475 OF 2026 (GM-CPC) IN WP No. 24565/2026: BETWEEN: 1. MRS. NANCY SIGAMONIE, WIFE OF LATE A.C. SIGAMONIE, AGED ABOUT 62 YEARS, RESIDING AT NO. 3, 10TH B MAIN, DODDA BANASWADI, BENGALURU - 560 043. 2. MS. SHEEBA SIGAMONIE, DAUGHTER OF LATE A.C. SIGAMONIE, AGED ABOUT 28 YEARS, RESIDING AT NO. 3, 10TH B MAIN, DODDA BANASWADI, BENGALURU - 560 043. …PETITIONERS (BY SRI. ABRAHAM JOSEPH., ADVOCATE) AND: 1. MR A C RAJENDRAN RAJENDRAN SON OF LATE A.CHOKKALINGAM, AGED ABOUT 70 YEARS, R/AT 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, SIVAN CHETTY GARDENS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 BENGALURU - 560 042. 2. MR. C. SHEKAR, SON OF LATE A. CHOKKALINGAM, AGED ABOUT 66 YEARS, R/AT 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, BENGALURU - 560 042. 3. MRS. C. NALINA, W/O. ILLANGO, AGED ABOUT 59 YEARS, R/AT NO. 9, KHATA NO. 3 NO. 359/A, SREE NILAYA, 2ND CROSS, K.R. PURAM MAIN ROAD, MUNIYAPPA GARDEN, K.R. PURAM, BENGALURU - 560 036. 4. MONISHA SHEKAR, AGED ABOUT 29 YEARS, D/O. C. SHEKAR, RESIDING AT NO. 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU, BHARATHINAGAR, SIVAN CHETTY GARDENS, BENGALURU - 560 042. 5. MR. DINESH RAJAN, S/O. MR. A.C. RAJENDRAN, AGED ABOUT 37 YEARS, RESIDING AT NO. 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, SIVAN CHETTY GARDENS, BENGALURU - 560 042. 6. MRS. ASHWINI, D/O. MR. A.C. RAJENDRAN, AGED ABOUT 39 YEARS, R/AT NO. 32/1, - 3 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, SIVAN CHETTY GARDENS, BENGALURU - 560 042. 7. MR. SUDEEP, S/O. MRS. C. NALINA, AGED ABOUT 27 YEARS, R/AT NO. 9, KHATA NO. 359/A, SREE NILAYA, 2ND CROSS, K.R. PURAM MAIN ROAD, MUNIYAPPA GARDEN, K.R. PURAM, BENGALURU - 560 036. 8. MR. M. SURESH, S/O. MR. K.B. MUNI GOWDA, AGED ABOUT 51 YEARS, R/AT PLOT NO. 39, VENKATESHWARA LAYOUT, PHASE-I, OPPOSITE D.S.P. 109. OFFICE, DENKANIKOTTA MAIN ROAD, HOSUR TOWN AND TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU - 635 109. 9. MR. M. RAVI, S/O MR. K. MANICKAM, MAJOR IN AGE R/AT DOOR NO.26, EKAMBARA GOUNDAR STREET, KEMMARAJAPURAM VILLAGE, THIRUVALAM POST, KATPADI TALUK, VELLORE - 632 515. 10. MR. PRABHAKARAN, S/O. MR. K. MANICKAM, MAJOR IN AGE R/AT DOOR NO.24, EKAMBARA GOUNDAR STREET, KEMMARAJAPURAM VILLAGE, THIRUVALAM POST, KATPADI TALUK, - 4 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 VELLORE - 632 515. 11. INDIAN BANK OVERSEAS, SIVAN CHETTY GARDENS BRANCH, REPRESENTED BY ITS BRANCH MANAGER, NO 35/1, ST JOHNS ROAD, SIVANACHETTY GARDENS, BENGALURU - 560 042. 12. SAI (KALAMANDIR) LIMITED SILKS, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 6-3-790/8, FLAT NO. 1, BATHINA APARTMENTS, AMEERPET, HYDERABAD 500 016, REPRESENTED BY ITS MANAGING DIRECTOR 13. MR. NICKY SIGAMONIE, (PROFORMA RESPONDENT), S/O. LATE A.C. SIGAMONIE, AGED ABOUT 32 YEARS, R/AT 22 ABBEYARD DRIVE, CLYDE, VICTORIA, AUSTRALIA - 3978 …RESPONDENTS THIS WRIT PETITION IS FILED PRAYING TO CALL FOR RECORDS IN OS. NO. 5494/2026 PENDING ON THE FILE OF THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-18)B. SET ASIDE, IN EXERCISE OF THE SUPERVISORY JURISDICTION OF THIS HONBLE COURT UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950, THE IMPUGNED ORDER DATED:31.07.2026 PASSED ON I.A. NO. 3 UNDER ORDER XXXIX RULE 1 AND 2 OF THE CPC IN O.S. NO. 5494/2026 PENDING ON THE FILE OF THE XIX ADDL. CITY - 5 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-18) (ANNEXURE A) AND ETC., IN WP NO.24475/2026: BETWEEN: 1. MRS. NANCY SIGAMONIE, WIFE OF LATE A.C. SIGAMONIE, AGED ABOUT 62 YEARS, RESIDING AT NO. 3, 10TH B MAIN, DODDA BANASWADI, BENGALURU - 560 043. 2. MS. SHEEBA SIGAMONIE, DAUGHTER OF LATE A.C. SIGAMONIE, AGED ABOUT 28 YEARS, RESIDING AT NO. 3, 10TH B MAIN, DODDA BANASWADI, BENGALURU - 560 043. ...PETITIONERS (BY SRI. ABRAHAM JOSEPH.,ADVOCATE) AND: 1. MR A C RAJENDRAN RAJENDRAN SON OF LATE A.CHOKKALINGAM, AGED ABOUT 70 YEARS, R/AT 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, SIVAN CHETTY GARDENS, BENGALURU - 560 042. 2. MR. C. SHEKAR, SON OF LATE A. CHOKKALINGAM, AGED ABOUT 66 YEARS, R/AT 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, BENGALURU - 560 042. 3. MRS. C. NALINA, W/O. ILLANGO, - 6 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 AGED ABOUT 59 YEARS, R/AT NO. 9, KHATA NO. 3 NO. 359/A, SREE NILAYA, 2ND CROSS, K.R. PURAM MAIN ROAD, MUNIYAPPA GARDEN, K.R. PURAM, BENGALURU - 560 036. 4. MONISHA SHEKAR, AGED ABOUT 29 YEARS, D/O. C. SHEKAR, RESIDING AT NO. 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU, BHARATHINAGAR, SIVAN CHETTY GARDENS, BENGALURU - 560 042. 5. MR. DINESH RAJAN, S/O. MR. A.C. RAJENDRAN, AGED ABOUT 37 YEARS, RESIDING AT NO. 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, SIVAN CHETTY GARDENS, BENGALURU - 560 042. 6. MRS. ASHWINI, D/O. MR. A.C. RAJENDRAN, AGED ABOUT 39 YEARS, R/AT NO. 32/1, ANNASWAMY MUDALIAR ROAD, HALASURU BHARATHINAGAR, SIVAN CHETTY GARDENS, BENGALURU - 560 042. 7. MR. SUDEEP, S/O. MRS. C. NALINA, AGED ABOUT 27 YEARS, R/AT NO. 9, KHATA NO. 359/A, SREE NILAYA, 2ND CROSS, K.R. PURAM MAIN ROAD, MUNIYAPPA GARDEN, - 7 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 K.R. PURAM, BENGALURU - 560 036. 8. MR. M. SURESH, S/O. MR. K.B. MUNI GOWDA, AGED ABOUT 51 YEARS, R/AT PLOT NO. 39, VENKATESHWARA LAYOUT, PHASE-I, OPPOSITE D.S.P. 109. OFFICE, DENKANIKOTTA MAIN ROAD, HOSUR TOWN AND TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU - 635 109. 9. MR. M. RAVI, S/O MR. K. MANICKAM, MAJOR IN AGE R/AT DOOR NO.26, EKAMBARA GOUNDAR STREET, KEMMARAJAPURAM VILLAGE, THIRUVALAM POST, KATPADI TALUK, VELLORE - 632 515. 10. MR. PRABHAKARAN, S/O. MR. K. MANICKAM, MAJOR IN AGE R/AT DOOR NO.24, EKAMBARA GOUNDAR STREET, KEMMARAJAPURAM VILLAGE, THIRUVALAM POST, KATPADI TALUK, VELLORE - 632 515. 11. INDIAN BANK OVERSEAS, SIVAN CHETTY GARDENS BRANCH, REPRESENTED BY ITS BRANCH MANAGER, NO 35/1, ST JOHNS ROAD, SIVANACHETTY GARDENS, BENGALURU - 560 042. 12. SAI (KALAMANDIR) LIMITED SILKS, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 6-3-790/8, FLAT NO. 1, BATHINA - 8 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 APARTMENTS, AMEERPET, HYDERABAD 500 016, REPRESENTED BY ITS MANAGING DIRECTOR 13. MR. NICKY SIGAMONIE, (PROFORMA RESPONDENT), S/O. LATE A.C. SIGAMONIE, AGED ABOUT 32 YEARS, R/AT 22 ABBEYARD DRIVE, CLYDE, VICTORIA, AUSTRALIA - 3978 ...RESPONDENTS (VIDE ORDER DATED 21.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN OS. NO.5494/2026 PENDING ON THE FILE OF THE XIX ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-18) AND SET ASIDE, IN EXERCISE OF THE SUPERVISORY JURISDICTION OF THIS HONBLE COURT UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, 1950, THE IMPUGNED ORDER DATED:31.07.2026 PASSED ON I.A. NO. 1 UNDER ORDER XXXIX RULE 1 AND 2 OF THE CPC IN O.S. NO. 5494/2026 PENDING ON THE FILE OF THE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-18) AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 9 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 ORAL ORDER IN W.P.No.24565/2026: The present writ petition is filed impugning the order dated 31.07.2026 passed on I.A.No.3, filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), seeking a direction to defendant Nos.3 and 12 to deposit the rental amounts before the Court. 2. The trial Court, having found that no prima facie case was made out, has issued notice on the said application. The prayer sought in the said application, namely, a direction to defendant Nos.3 and 12 to deposit the rental amounts, necessarily requires an opportunity to be afforded to the defendants therein. In that view of the matter, the trial Court was justified in issuing notice. 3. No ground is made out to interfere with the impugned order. Accordingly, the writ petition stands dismissed. - 10 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 IN W.P.No.24475/2026: This petition is filed challenging the order dated 31.07.2026 passed on I.A.No.1, filed under Order XXXIX Rules 1 and 2 of the CPC, whereby the trial Court declined to grant an ex-parte ad-interim order of temporary injunction restraining the defendants from alienating, encumbering, conveying, selling, leasing, or otherwise dealing with the suit schedule property in any manner during the pendency of the suit. 2. Learned counsel for the petitioner submits that the notice issued to the defendants has not been served and, taking advantage of the same, the defendants are attempting to alienate the suit schedule property or create third-party rights therein. 3. Having considered the submissions made by the learned counsel for the petitioner, perused the impugned order. 4. The suit is one for partition. If the suit schedule properties are permitted to be alienated or third-party rights are created therein, it would prejudice the rights of the parties and may also lead to multiplicity of proceedings. - 11 - HC-KAR CNR: KAHC010540802026 NC: 2026:KHC:51787 WP No. 24565 of 2026 C/W WP No. 24475 of 2026 5. Considering the limited nature of the direction proposed to be issued, issuance of notice to the respondents is dispensed with. Both parties are directed to maintain status quo insofar as the title to the suit schedule properties is concerned, pending adjudication of I.A.No.1 filed under Order XXXIX Rules 1 and 2 of the CPC. 6. The Trial Court is requested to expedite the disposal of the said application. With the above observations, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE DR List No.: 1 Sl No.: 15