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2026 DAILYLAW 43866 (KAR)

SRI SIDDALINGEGOWDA v. SMT BHAGYAMMA

WP/30199/2026 · 2026-09-28

K V Aravind

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010661452026 NC: 2026:KHC:53985 WP No. 30199 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30199 OF 2026 (GM-CPC) BETWEEN: 1. SRI SIDDALINGEGOWDA S/O KUKKE MARIGOWDA AGED ABOUT 64 YEARS R/AT NO.36, SANNAMALLEGOWDA ROAD, PETE SODAMUDDANAKERI, MALAVALLI TOWN, MANDYA DISTRICT - 571 430. …PETITIONER (BY SRI. MANJUNATH M. HEGDE, ADVOCATE) AND: 1. SMT. BHAGYAMMA W/O SRI. CHIKKAMARI AGED ABOUT 51 YEARS R/AT PETE SODAMUDDANAKERI, MAAVALLI TOWN, MANDYA DISTRICT - 571430. 2. SMT. SAVITHA W/O SRI. SHIVALINGAIAH AGED ABOUT 40 YEARS, R/AT MULLEKERE PORT, WARD NO.8, MAAVALLI TOWN, MANDYA DISTRICT - 571430. 3. SMT. REKHA C., W/O SRI. H.P. RAVI Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010661452026 NC: 2026:KHC:53985 WP No. 30199 of 2026 AGED ABOUT 39 YEARS R/AT HONAGANAHALLI VILLAGE, BG PURA HOBLI, MALAVALLI TALUKA MANDYA DISTRICT 571430. 4. SRI. SANTHOSH KUMAR S/O SRI. CHIKKAMARI AGED ABOUT 36 YEARS R/AT 14TH WARD PETE SODAMUDDANAKERI MALAVALLI TOWN, MANDYA DISTRICT 571430. 5. SRI. K SIDDARAJU S/O SRI. KULLAIAH AGED ABOUT 39 YEARS R/AT 18TH WARD, PETE SODAMUDDANAKERI, MALAVALLI TOWN, MANDYA DISTRICT-571430. …RESPONDENTS (VIDE O/D 28.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 PRAYING TO 1. ISSUE AN APPROPRIATE WRIT, ORDER OR DIRECTION, SETTING ASIDE THE ORDERS DATED 19.08.2026 AND 15.09.2026, INSOFAR AS THE LEARNED TRIAL COURT HAS DECLINED TO GRANT INTERIM PROTECTION IN RESPECT OF THE SCHEDULE PROPERTIES IN O.S. NO.512/2026 PENDING ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, MALAVALLI, WHICH ARE PRODUCED AT ANNEXURES-F AND K RESPECTIVELY AND ETC,. - 3 - HC-KAR CNR: KAHC010661452026 NC: 2026:KHC:53985 WP No. 30199 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 This petition is filed impugning the orders dated 19.08.2026 and 15.09.2026, wherein the Trial Court issued notice in respect of the applications filed in O.S.No.512/2026. 2. Learned counsel appearing for the petitioner submits that the petitioner instituted a suit for specific performance and during the pendency of the said suit, the defendants executed a sale deed in favour of a third party. The third party is attempting to effect changes in the revenue entries pursuant to the said alienation. It is submitted that, if further alienation is permitted, it would lead to multiplicity of proceedings and render the suit infructuous. 3. Considered the submissions made by learned counsel for the petitioner and perused the material on record. 4. In view of the limited nature of the direction being issued, notice to the respondents is dispensed with. - 4 - HC-KAR CNR: KAHC010661452026 NC: 2026:KHC:53985 WP No. 30199 of 2026 5. I.A.No.1 is filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC and I.A.No.3 is filed under Section 94(e) read with Section 151 of the CPC, wherein the Trial Court has issued emergent notice. 6. Considering the prima facie case made out, the respondents are restrained from effecting any change in the revenue entries in respect of the suit schedule property until adjudication of I.A. No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC and I.A.No.3 filed under Section 94(e) read with Section 151 of CPC by the Trial Court. The said application shall be decided within one month from the date of receipt of a copy of this order. 7 With the above observations, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 48