- 1 - HC-KAR NC: 2026:KHC:12945 WP No. 4374 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4374 OF 2026 (GM-CPC) BETWEEN: 1. SMT MEENAKSHI W/O. LATE K. MUNIYAPPA AGED ABOUT 58 YEARS R/AT NO. 625, KALAPPA LAYOUT B. CHANNSANDRA, K.R. PURA BENGALURU EAST TALUK BENGALURU - 560 043. 2. SMT. M. SHARADA D/O LATE K. MUNIYAPPA W/O MUNIRAJ AGED ABOUT 41 YEARS R/AT NO. 623, KALAPPA LAYOUT B. CHANNSANDRA, K.R. PURA BENGALURU EAST TALUK BENGALURU - 560 043. &PETITIONERS (BY SRI. SEENAPPA K., ADVOCATE) AND: 1. SRI M S SHANKAR S/O. LATE. K. MUNIYAPPA AGED ABOUT 39 YEARS R/AT NO. 178, LOKANADHA NIVASAM 1ST A CROSS, JAYANTHI NAGAR MAIN ROAD, JAYANTHI NAGAR HORAMAVU, BENGALURU - 560 043. 2. SMT. M. SHALINI D/O. LATE. K. MUNIYAPPA W/O. ANAND Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12945 WP No. 4374 of 2026 AGED ABOUT 35 YEARS R/AT FLAT NO. 201, 3RD FLOOR B BLOCK, SUBHA PRADA BUILDERS WHITE STONE APARTMENT SURYA CITY PHASE-1 IGGALUR CHANDAPURA BENGALURU - 560 099. 3. SRI M. SASHIKUMAR S/O LATE K. MUNIYAPPA AGED ABOUT 34 YEARS R/AT FLAT NO. 402, 4TH FLOOR MUGANNA MANE, 4TH J CROSS B. CHANNSANDRA, KASTHURI NAGAR BENGALURU - 560 043. &RESPONDENTS (BY SRI. SHIVASHANKAR K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTION OR ANY OTHER WRIT, ORDER, DIRECTING THE HONBLE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, TO CONSIDER THE PRAYER AS SOUGHT UNDER I.A. NO. 2 VIDE ANNEXURE-R IN O.S. NO. 601/2026, FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ETC. 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 petitioners-plaintiffs have sought for the following relief/s: <a) Issue a Writ of Mandamus, direction or any other writ, order, directing the Honble XII - 3 - HC-KAR NC: 2026:KHC:12945 WP No. 4374 of 2026 Additional City Civil and Sessions Judge, Bengaluru, to consider the prayer as sought under I.A. no. 2 vide Annexure-R in O.S. No. 601/2026, filed under order XXXIX Rule 1 and 2 read with Section 151 of CPC; b) Grant such other relief/s as deemed fit grant in the facts and circumstance of the case, in the interest of justice and equity.= 2. The petitioners3plaintiffs have filed a suit for partition and separate possession. Along with the plaint, they filed I.A.No.1 under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC seeking an order to restrain the defendants, etc. from alienating or encumbering the suit schedule property by way of sale, lease, mortgage, gift or in any manner in favour of anybody till disposal of the suit. I.A.No.2 is filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC seeking an order of temporary injunction restraining the defendants, etc. from changing the nature of schedule property by way of construction or in any manner till disposal of the suit. - 4 - HC-KAR NC: 2026:KHC:12945 WP No. 4374 of 2026 3. The Trial Court by order dated 27.01.2026 allowed I.A.No.1 and granted a temporary injunction as sought for in I.A.No.1. Insofar as I.A.No.2 is concerned, the Trial Court has directed to issue emergent notice and suit summons to the defendants on the said application. Being aggrieved by the same, the petitioners are before this Court. 4. Since the matter is posted before the Trial Court on 17.03.2026, learned counsel appearing for the defendants- respondents has undertaken that he will appear on the said date and file written objections to I.A.No.2 on or before 17.03.2026 and that, till that date, no construction will be put up. 5. In view of the above, the writ petition is disposed of. 6. The Trial Court is directed to consider I.A.No.2 filed by the petitioners3plaintiffs on 17.03.2026 and pass - 5 - HC-KAR NC: 2026:KHC:12945 WP No. 4374 of 2026 appropriate order, in accordance with law, on or before 24.04.2026. 7. It is recorded that, till disposal of I.A.No.2, the respondents shall not to put up any construction. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 8