- 1 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1049 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 1055 OF 2026 (GM-CPC) IN WP No. 1049/2026 BETWEEN: 1. M/S BCK INTERMARK A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.202, SHAH SULTAN, CUNNINGHAM ROAD, BENGALURU- 560 062 REP. BY ITS PARTNERS I). MR. MANEYAPANDA NACHAIAH CHITTIAPPA S/O. LATE NACHAIAH CHITTIAPPA, AGED ABOUT 74 YEARS II). MR. MANEYAPANDA RAOUL CHITTIAPPA S/O. M N CHITTIAPPA, AGED ABOUT 41 YEARS. 2. MR. MANEYAPANDA RAOUL CHITTIAPPA S/O. MR. M.N. CHITTIAPPA, AGED ABOUT 41 YEARS, RESIDING AT NO. 14, PRESTIGE CEDARS CONVENT ROAD, RICHMOND TOWN, BENGALURU 560025 …PETITIONERS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 (BY SRI. P N MANMOHAN, ADV., FOR SRI VINAY N, ADVOCATE) AND: 1. SRI. BASAVEGOWDA S/O. VENKATEGOWDA, AGED MAJOR, R/AT. JODITATTEKERE VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN 2. SRI. T.V. PAPEGOWDA S/O. VENKATEGOWDA, AGED MAJOR, R/AT. JODITATTEKERE VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN. 3. SRI. DODDAMALLEGOWDA S/O. VENKATEGOWDA, AGED MAJOR, R/AT. JODITATTEKERE VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN …RESPONDENTS (BY SRI. GIRISH B BALADARE, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 24.12.2025 PASSED ON I.A.NO.3/2025 IN SO FAR AS DIRECTING THE PARTIES TO MAINTAIN STATUS QUO IN RESPECT OF THE SCHEDULE PROPERTIES (PRODUCED AT ANNEXURE-V) PASSED BY THE COURT OF VACATION JUDGE, HASSAN IN O.S.NO.70/2025 AND CONSEQUENTLY ALLOW THE I.A.NO.3/2025 AS PRAYED FOR AND ETC., - 3 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 IN WP NO. 1055/2026 BETWEEN: 1. M/S BCK INTERMARK A REGD. PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.202, SHAH SULTAN, CUNNINGHAM ROAD, BENGALURU- 560 062 REP. BY ITS PARTNERS, I). MR.MANEYAPANDA NACHAIAH CHITTIAPPA S/O. LATE NACHAIAH CHITTIAPPA, AGED ABOUT 74 YEARS II).MR.MANEYAPANDA RAOUL CHITTIAPPA S/O. M N CHITTIAPPA, AGED ABOUT 41 YEARS. ...PETITIONER (BY SRI. P N MANMOHAN, ADV., FOR SRI VINAY N.,ADVOCATE) AND: 1. SRI. BASAVEGOWDA S/O. VENKATEGOWDA, AGED MAJOR, R/AT. JODITATTEKERE VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN ...RESPONDENT (BY SRI. GIRISH B BALADARE.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 - 4 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE ORDER DATED 17.12.2025 PASSED ON I.A.NO.1/2025 AND IA NO.3/2025 IN O.S. NO.637/2025 (PRODUCED AS ANNEXURE-R) PASSED BY THE COURT OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HASSAN, AND CONSEQUENTLY REJECT IA NO.1 AND IA NO.3/2025 AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Notice to respondent No.3 is dispensed with in W.P. No.1049/2026. 2. Writ Petition No.1049/2026 is preferred by the plaintiffs in O.S. No.6/2026 (Vacation Bench O.S.No.70/2025) whereby the trial Court directed issuance of notice on IA No.3 to the respondents - defendants and directed the parties to maintain status quo in respect of the suit schedule property. 3. W.P.No.1055/2026 is filed by the defendants in O.S.No.637/2025 whereby the trial Court passed an order of - 5 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 temporary injunction in favour of the plaintiff against the defendant. 4. It is a matter of record and an undisputed fact that the defendant No.2 - Rahul Chettiyappa in O.S. No.637/2025 who is the partner of the plaintiff's firm has preferred W.P. No.1049/2026. 5. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 6. A perusal of the material on record will indicate that the petitioners instituted the aforesaid suit in O.S. No.6/2026 (Vacation Bench O.S.No.70/2025) against respondents for permanent injunction and other reliefs in relation to the suit schedule immovable properties. In the said suit, the petitioners - plaintiffs filed application IA No.3 for grant of ad interim ex-parte order of temporary injunction in relation to which the trial Court passed the interim order directing both parties to maintain status - 6 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 quo and declined to grant an order of temporary injunction in favour of the petitioner. 7. It is an undisputed fact and a matter of record that IA No.3 filed by the petitioners - plaintiffs in OS No.6/2026 (Vacation Bench O.S.No.70/2025) is still pending adjudication and consideration before the trial Court. The defendant No.1 in the aforesaid O.S.No.6/2026 filed one more suit in O.S.No.637/2025 against the petitioners and others for declaration and other reliefs in relation to the suit schedule immovable property. In the said suit, the respondents obtained an order of temporary injunction which was subsequently vacated and the said order is no longer in existence. However, the application IA No.3 filed by the plaintiffs in O.S.No.637/2025 is also pending consideration before the trial Court. 8. Learned counsel for the petitioners in both the petition submits that the petitioners have nearly completed the construction of a compound wall on the suit schedule property and the petitioners may be permitted to complete the said construction of only the compound wall and a small security - 7 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 shed which would be subject to the final outcome of the pending applications of the suit and the petitioners would not claim any equities in this regard. 9. It is also submitted that IA No.3 filed in O.S. No.6/2026 (Vacation Bench O.S.No.70/2025) may be directed to be considered by the trial Court in accordance with law and the petitions may be disposed of accordingly. 10. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of both the petitions by issuing certain directions. Accordingly, the following - ORDER (i) W.P.No.1049/2026 is hereby disposed of. (ii) The trial Court is directed to consider and pass appropriate orders on IA No.3 filed by the plaintiffs in accordance with law within a period of one month from the date of receipt of a copy of this order. (iii) So also W.P.No.1055/2026 is hereby disposed of. - 8 - HC-KAR NC: 2026:KHC:7061 WP No. 1049 of 2026 C/W WP No. 1055 of 2026 (iv) The petitioners in both the petitions who are the plaintiffs in O.S.No.6/2026 (Vacation Bench O.S.No.70/2025) are permitted to complete the construction of the compound wall and also put up a small security shed on the suit schedule property subject to the condition that the said construction would be at the risk and cost of the petitioners, that the same would be subject to the final outcome of the suit and that the petitioners would not claim any equities in this regard and would not affect the rights and contentions of both parties. (v) It is made clear that the trial Court shall dispose of IA No.3 filed in O.S. No.6/2026 (Vacation Bench O.S.No.70/2025) without being influenced by the findings and observations, if any, recorded in the present order as expeditiously as possible. Sd/- (S.R.KRISHNA KUMAR) JUDGE YKL List No.: 1 Sl No.: 67