- 1 - HC-KAR NC: 2026:KHC:4639 WP No. 2267 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2267 OF 2026 (GM-CPC) BETWEEN: SMT. MANJULA RAU W/O. DR. DILIP RAU D/O LATE T.S. SHANKARA NARAYANA RAO AGED ABOUT 74 YEARS, RESIDING AT NO.13, 5TH C-CROSS, 16TH MAIN, MCHS LAYOUT, BANGALORE-560076 …PETITIONER (BY SRI. NAGENDRA NAIK R., ADVOCATE) AND: 1. SMT. SHASHIKALA D/O LATE VENKATARAMANAPPA AGED ABOUT 43 YEARS, NO.36, 3RD CROSS, 7TH MAIN, CHIKKA ADUGODI, BANGALORE SOUTH, DHARMARAM COLLEGE, BANGALORE-560 029 2. SRI. R MANJUNATH S/O. LATE VENKATARAMANAPPA @ RAJAPPA, AGED ABOUT 58 YEARS, R/A SINGENA AGRAHARA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT-560 099 3. SMT. M. SAROJINI, W/O M. MALLESWARA RAO, AGED ABOUT 60 YEARS, RESIDING AT NO. 1965, 3RD MAIN, 17TH 'D' CROSS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4639 WP No. 2267 of 2026 BANASHANKARI 2ND STAGE, BANGALORE-560 070 …RESPONDENTS (BY SRI.M.A.K.USMANI, ADVOCATE FOR C/RESPONDENT-1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF TEMPORARY INJUNCTION AGAINST THE PETITIONER DTD. 25.10.2025 PASSED BY THE HONBLE II ADDL. SENIOR CIVIL JUDGE AND JMFC AT ANEKAL, BENGALURU RURAL IN O.S.NO. 1490/2025 AS PER ANNEXURE-A WITH RESPECT OF THE SUIT SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a. Issue a writ in the nature of certiorari to quash the order of temporary injunction against the Petitioner dated 25.10.2025 passed by the Hon’ble II Addl. Senior Civil Judge and JMFC at Anekal, Bengaluru Rural in O.S.No.1490/2025 as per ANNEXURE-A with respect of the suit schedule property, and b. To pass such orders and orders that this Hon’ble Court deems fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:4639 WP No. 2267 of 2026 3. The petitioner, who is defendant No.3 in O.S.No.1490/2025, filed by respondent No.1-plaintiff against the petitioner-defendant No.3 and respondent Nos.2 and 3 – defendant Nos.1 and 2. By the impugned order, the Trial Court restrained the petitioner and other defendants from alienating the suit schedule property. Learned counsel for the respondent No.1-plaintiff along with the respondent No.1 are physically present and have filed a memo seeking permission to withdraw the suit. The said memo reads as under: “MEMO FOR WITHDRAWAL OF SUIT FILED ON BEHALF OF RESPONDENT NO.1 (PLAINTIFF) The Respondent No.1 most respectfully submits as follows:- 1. It is submitted that the Respondent No.1 has filed the above suit for declaration, partition and permanent injunction against the Defendants, restraining the Defendants from alienating or encumbering the suit schedule property. 2. It is submitted that Respondent No.3/Defendant No.2 had purchased the suit schedule property from one Ramakka who is the mother of Respondent No.2/Defendant No.1 vide sale deed dated 26.11.1997 on Document No.3789/1997-98 and subsequently the Respondent No.3/Defendant No.2 has sold the said property to the father of Petitioner/Defendant No.3 (Sri. Shankarnarayan Rao) vide sale deed dated - 4 - HC-KAR NC: 2026:KHC:4639 WP No. 2267 of 2026 07.08.2003 in Document No.5099/2003-04. After the death of the father of Petitioner/Defendant No.3, the said suit schedule property has been transferred to Petitioner. 3. It is submitted that the Respondent No.1/Plaintiff and the Petitioner/Defendant No.3 are both amicably settled the issues themselves. The Plaintiff acknowledges receipt of Rs.70,00,000-00/- (Rupees Seventy Lakhs Only) bearing Demand Drafts No.001805 drawn on Axis Bank, dated 08.01.2026 as a consideration amount from Petitioner/Defendant No.3 in full and final settlement of any claim, right, title or interest over the suit schedule property. There is no other right claim and interest on the suit schedule property. 4. It is submitted that the Respondent No.1/Plaintiff hereby undertakes not to make any claim in respect of the suit schedule property at any time in the future, either by themselves or through their legal heirs, representatives or anyone claiming through them. The Respondent No.1/Plaintiff hereby releases her right if any in respect of the suit schedule property in favour of the Petitioner/Defendant No.3. 5. The Respondent No.1/Plaintiff hereby undertakes not to interfere with the peaceful possession and enjoyment of the suit schedule property of the Petitioner/Defendant No.3 and their successors or authorised persons in any manner whatsoever. The Respondent No.1/Plaintiff hereby declare that they shall not have any objection regarding the - 5 - HC-KAR NC: 2026:KHC:4639 WP No. 2267 of 2026 enjoyment of the property by the Petitioner/Defendant No.3 and to change the revenue entries in favour of the Petitioner. 6. The Respondent No.1/Plaintiff hereby confirms that she has received the above-mentioned consideration amount in full and final settlement of all their claims, if any, in respect of the suit schedule property and the Respondent No.1/Plaintiff or their legal hairs shall not be entitled to make any further claims for any additional amount in the future. PRAYER WHEREFORE the Respondent No.1/Plaintiff may be permitted to withdraw the suit pending before Hon'ble II Addl. Senior Civil Judge and JMFC at Anekal, Bengaluru Rural in OS.No.1490/2025 and this Hon'ble Court may pass such other orders or orders that this Hon'ble Court deems fit in the interest of justice and equity. SUIT SCHEDULE PROPERTY All that part and parcel of dry land bearing Sy. No. 83/1 measuring 0-04 Guntas out of 0-08/4 guntas and Sy. No. 83/2 measuring 1-08, totally measuring 1 acre 12 guntas, situated in Singena Agrahara Village, Sarjapura Hobli, Anekal Taluk, Bangalore District, bounded on the: East by: Remaining land in Sy. No. 83/1 and property of A. Ramaiah West by: Property of Palaniswamy North by:road South by: Property of Krishnappa” - 6 - HC-KAR NC: 2026:KHC:4639 WP No. 2267 of 2026 4. In view of the settlement arrived at between the parties, as can be seen from the memo dated 28.01.2026, I deem it just and appropriate to set aside the impugned order and issue further directions to the trial Court to close the suit in terms of the aforesaid memo. 5. In the result, I pass the following: ORDER (i) The petition is disposed of in terms of the settlement arrived at between the parties as per the memo referred to supra. (ii) The impugned order dated 25.10.2025 passed in O.S.No.1490/2025 by the II Additional. Senior Civil Judge and JMFC, Anekal, Bengaluru, is hereby set aside. (iii) The Trial Court is directed to dismiss the suit as withdrawn immediately upon receipt of a copy of this order. (iv) Respondent No.1 hereby acknowledges the receipt of Rs.70 Lakhs from the petitioner towards - 7 - HC-KAR NC: 2026:KHC:4639 WP No. 2267 of 2026 full and final settlement of her claim against the petitioner. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 13