- 1 - HC-KAR NC: 2026:KHC:13063 WP No. 21445 of 2024 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. 21445 OF 2024 (GM-CPC) BETWEEN: SRI G RAGHU S/O LATE GURAPPA AGED ABOUT 64 YEARS R/AT NO. 246/2, 7TH CROSS YELLAMMA TEMPLE STREET KODIHALLI, HAL 2ND STAGE BANGALORE-560 008. &PETITIONER (BY SRI. M S NAGARAJA., ADVOCATE) AND: 1. SRI VENKATESH GURAPPA S/O LATE GURAPPA AGED ABOUT 56 YEARS 2. SMT. MUNILAKSHMI W/O SRI VENKATESH GURAPPA AGED ABOUT 48 YEARS 3. SRI. G. LAKSHMANNA S/O LATE GURAPPA AGED ABOUT 58 YEARS 4. SRI G ASHOKA S/O LATE GURAPPA AGED ABOUT 42 YEARS 5. SRI. G. SRINIVASA S/O LATE GURAPPA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13063 WP No. 21445 of 2024 AGED ABOUT 41 YEARS 6. SMT. SAVITHRAMMA W/O LATE KRISHNAPPA D/O LATE GURAPPA AGED ABOUT 73 YEARS R1 TO R6 R/AT KODIHALLI HAL 2ND STAGE, BENGALURU-560 008. 7. SMT. PARVATHAMMA W/O LATE CHANDRAPPA D/O LATE GURAPPA AGED ABOUT 70 YEARS R/AT SEETHARANYAPALYA MAHDEVAPURA POST BANGALORE-560 048. 8. SMT. NAGALAKSHMI W/O LATE KRISHNAPPA D/O LATE GURAPPA AGED ABOUT 43 YEARS R/AT CHILAPANAHALLI MARATHAHALLI POST BANGALORE-560 045. 9. SRI. NAGARAJU S/O LATE PAPAIAH AGED ABOUT 61 YEARS 10. SRI. MADHUSUDHAN S/O LATE VENUGOPAL AGED ABOUT 38 YEARS R9 AND R10 ARE R/AT KODIHALLI HAL 2ND STAGE BENGALURU 560008. 11. SMT. RAMAKKA D/O LATE B RAMAIAH W/O MR. MUNIYAPPA - 3 - HC-KAR NC: 2026:KHC:13063 WP No. 21445 of 2024 AGED ABOUT 72 YEARS R/AT WIND TUNNEL ROAD MURIGESH PALYA HAL POST, BANGALORE-560017. 12. SMT. R. RATHNAMMA D/O LATE B RAMAIAH AGED ABOUT 70 YEARS R/AT OLD NO. 127, 3RD CROSS HAL 3RD STAGE, KODIHALLI VILLAGE HAL 2ND STAGE, BANGALORE-560008. 13. SMT. R. YESHODHA D/O LATE B RAMAIAH W/O HAMMANNA AGED ABOUT 51 YEARS R/AT CHUNCHAGHATTA BANGALORE-560078. 14. SMT. R PADMA D/O LATE B RAMAIAH W/O MR. SHANKAR AGED ABOUT 48 YEARS R/AT OLD NO. 127, 3RD CROSS HAL 3RD STAGE, KODIHALLI VILLAGE HAL 2ND STAGE, BANGALORE-560008 &RESPONDENTS (BY DR. VANDANA P L, ADVOCATE FOR R6: SERVICE OF NOTICE TO R2 TO R5 AND R7 TO R14 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED XXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-30) IN OS NO. 2918/2021 ON IA NO. 3 DATED: 23.07.2024 VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 4 - HC-KAR NC: 2026:KHC:13063 WP No. 21445 of 2024 ORAL ORDER This writ petition is filed under Article 227 of the Constitution of India, challenging the order dated 23.07.2024, vide Annexure-E, passed in O.S. No.2918/2021 by the 29th Additional City Civil and Sessions Judge, Bengaluru, whereby the trial court refused to grant an ex-parte injunction order as prayed in I.A. No.3. 2. The petitioner/plaintiff has filed a suit for partition in O.S.No.2918/2021. Along with the plaint, he filed I.A. No.1 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, seeking a direction restraining the defendants from alienating the suit schedule property. The trial court, by order dated 23.04.2021, granted a temporary injunction restraining the defendants from creating any third-party rights over the suit schedule property. Despite the said order, respondent No.1 executed gift deed in favour of respondent No.6. - 5 - HC-KAR NC: 2026:KHC:13063 WP No. 21445 of 2024 3. Thereafter, the respondent No.6 attempted to put up construction on the suit schedule property. Therefore, the petitioner filed I.A. No.3 under Order XXXIX Rules 1 and 2 of CPC seeking a direction restraining the respondents from putting up any further construction on the suit schedule property. The trial court issued notice on the said application but by order dated 23.07.2024, the court refused to grant an ex-parte injunction order. Being aggrieved by the same, the petitioner has approached this Court. 4. This Court, by order dated 09.08.2024, granted an interim order restraining respondent No.6 from putting up any further construction on the suit schedule property till the next date of hearing. The said interim order has been continued from time to time. On 27.11.2024, this Court directed the Jeevanbheemanagar Police Station to provide necessary protection to the petitioner and ensure the compliance of the order dated 09.08.2024 passed by this Court. - 6 - HC-KAR NC: 2026:KHC:13063 WP No. 21445 of 2024 5. Since the application filed by the petitioner, I.A. No.3 in O.S. No.2918/2021, is pending consideration before the trial court, and as all the parties have now been served and are represented before the trial court, this writ petition can be disposed of with a direction to the trial court to dispose of I.A. No.3 filed by the petitioner/ plaintiff. 6. In view of the above, the following order: (i) The writ petition stands disposed of. (ii) The trial court is directed to dispose of I.A. No.3 filed by the petitioner/plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in O.S. No.2918/2021, as expeditiously as possible, and in any event within one month from the date of receipt of a certified copy of this order. - 7 - HC-KAR NC: 2026:KHC:13063 WP No. 21445 of 2024 (iii) The interim orders granted by this Court dated 09.08.2024 and 27.11.2024 shall continue till the disposal of I.A. No.3. (iv) In view of the disposal of the main matter, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 48