- 1 - HC-KAR NC: 2026:KHC:2769 WP No. 6415 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6415 OF 2025 (GM-CPC) BETWEEN: SMT. NAGARATHNAMMA, W/O NAGARAJU, AGED ABOUT 48 YEARS, R/AT SARAGURU VILLAGE, VIRUPARSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT – 562 138 …PETITIONER (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. SRI SIDDALINGASWAMY S/O LATE SIDDALINGAPPA, AGED ABOUT 51 YEARS 2. SRI MAHALINGASWAMY S/O LATE SIDDALINGAPPA, AGED ABOUT 42 YEARS 3. SRI CHANDRASHEKAR S., S/O LATE SIDDALINGAPPA AGED ABOUT 40 YEARS 4. SRI KUMAR S., S/O LATE SIDDALINGAPPA AGED ABOUT 36 YEARS ALL RESPONDENTS ARE R/AT SARAGURU VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGAR DISTRICT – 562 138 …RESPONDENTS (BY SRI. V. R. BALARAJ, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2769 WP No. 6415 of 2025 THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19/02/2025 PASSED IN M.A. NO. 2/2025 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AT CHANNAPATNA, VIDE ANNEXURE-H AND THE ORDER DATED 20/01/2025 PASSED IN O.S. NO. 508/2024 ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C., AT CHANNAPATNA, VIDE ANNEXURE-E CONSEQUENTLY, DISMISS THE I.A. NO.1 FILED BY THE RESPONDENTS/PLAINTIFFS UNDER ORDER 39 RULE 1 AND 2 R/W. SECTION 151 OF CPC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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) Call for records in O.S. No.508/2024 from the Hon'ble court of Civil Judge & JMFC at Channapatna and M.A. No.2/2025 on the file of the Senior Civil Judge and JMFC at Channapatna. b) Issue any appropriate order or direction or a writ in the nature of certiorari to quash the impugned order dated: 19/02/2025 passed in Μ.Α. No. 2/2025 on the file of the Senior Civil Judge & J.M.F.C., at Channapatna, vide Annexure H and the order dated 20/01/2025 passed in O.S. No. 508/2024 on the file of the Civil Judge & J.M.F.C., at Channapatna, vide Annexure-E. Consequently, dismiss the I.A. No.1 filed by E. the respondents/plaintiffs under Order 39 Rule 1 and 2 R/W. Section 151 of CPC, in the interest of justice and equity c) Pass such other orders as this Hon'ble Court deems to fit in the facts and circumstances of the case in the ends of justice and equity. - 3 - HC-KAR NC: 2026:KHC:2769 WP No. 6415 of 2025 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. When the matter came up before this Court on 20.03.2025, this Court passed the following interim order: “Heard. Issue notice to respondents. Learned counsel for the petitioner submits that the petitioner has already started putting up construction on the suit schedule property and to that effect, she has also produced photographs. In view of the impugned order passed by the trial court, she cannot proceed further construction. In view of the above, the petitioner is permitted to put up construction in the suit schedule property, subject to condition that in case the petitioner herein is unsuccessful before the trial Court, she shall not claim any equity on the construction put up on the land in dispute.” 4. Thereafter, on 12.08.2025, this Court passed the following interim order: “A Co-ordinate Bench of this Court on 20.03.2025, had passed the following order: "Heard. Issue notice to respondents. - 4 - HC-KAR NC: 2026:KHC:2769 WP No. 6415 of 2025 Learned counsel for the petitioner submits that the petitioner has already started putting up construction on the suit schedule property and to that effect, she has also produced photographs. In view of the impugned order passed by the trial court, she cannot proceed further construction. In view of the above, the petitioner is permitted to put up construction in the suit schedule property, subject to condition that in case the petitioner herein is unsuccessful before the trial Court, she shall not claim any equity on the construction put up on the land in dispute." Learned counsel appearing for the petitioner submits that pursuant to the said order, the construction is complete today. An application is filed seeking vacation of the interim order. This Court has itself directed putting up of construction, which would however remain subject to the result of the petition. The application seeking vacation of the interim order would be heard along with the main matter. List the matter after eight weeks. The interim order granted earlier is extended till the next date of hearing.” 5. Learned counsel for the petitioner and respondents jointly submit that the present petition may be disposed of directing the Trial Court to dispose of the suit on merits and in accordance - 5 - HC-KAR NC: 2026:KHC:2769 WP No. 6415 of 2025 with law, by directing that any construction put up / to be put up by the petitioner over the suit schedule property shall be subject to the final outcome of the suit and that the petitioner shall not claim any equities in this regard. 6. The aforesaid joint submission is placed on record. 7. Accordingly, the petition is disposed of. The Trial Court is directed to dispose of the suit as expeditiously as possible, without being influenced by the findings and observations recorded by the Trial Court and the First Appellate Court in the impugned orders. It is further directed that any construction put up/to be put up by the petitioner in the suit schedule property shall be without any prejudice to the rights and contentions of both parties and with a condition that the petitioner shall not claim any equities in this regard and the same shall be subject to the final outcome of the suit filed before the Trial Court. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 52