Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5050 OF 2026 (GM-CPC) BETWEEN:
1. SMT. SUSHILAMMA W/O KRISHNAPPA D/O NARAYANASWAMY @ NARAYANAPPA AGED ABOUT 64 YEARS, R/AT NO.59/281 ESCORTS LAYOUT ATTUR LAYOUT, YELAHANKA BENGALURU-560064
2. SMT BHAGYAMMA W/O NARAYANAPPA D/O NARAYANASWAMY @ NARAYANAPPA AGED ABOUT 55 YEARS, R/OF ACHARLAHALLI VILLAGE, HEGGADAHALLI POST, DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561205 REP BY HER GPA HOLDERS VIJAY AND SUSHILAMMA
3. SRI VIJAY @ VIJAY KUMAR S/O NARAYANASWAMY @ NARAYANAPPA AGED ABOUT 54 YEARS
4. SRI NANDAN K V S/O VIJAY @ VIJAY KUMAR AGED ABOUT 21 YEARS
5. SRI NIRANJAN K V S/O VIJAY @ VIJAY KUMAR
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
AGED ABOUT 15 YEARS SINCE BEING MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SRI. VIJAY @ VIJAY KUMAR S/O NARAYANASWAMY @ NARAYANAPPA AGED ABOUT 54 YEARS
PETITIONER NOS.3 TO 5 ARE RESIDENT OF KOLUVARAYANAHALLI VILLAGE KAKOLU POST, HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU-560089
…PETITIONERS (BY SRI. SEENAPPA K, ADVOCATE) AND:
1. SMT GOWRAMMA W/O LATE MUNI KRISHNAPPA AGED ABOUT 80 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
2. SMT YASHODAMMA S/O LATE MUNI KRISHNAPPA AGED ABOUT 64 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
3. SMT SAROJAMMA D/O LATE MUNI KRISHNAPPA AGED ABOUT 62 YEARS
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
4. SRI SHIVANANJE GOWDA S/O LATE MUNI KRISHNAPPA AGED ABOUT 60 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
5. SRI SUNDARAMURTHY S/O LATE MUNI KRISHNAPPA AGED ABOUT 55 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
6. SRI PATALAPPA S/O LATE NANJAPPA AGED ABOUT 80 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
7. SRI RAMAIAH S/O LATE NANJAPPA AGED ABOUT 75 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
8. SMT HANUMAKKA W/O LATE RAMAIAH AGED ABOUT 65 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
9.
SMT KAMALAMMA W/O LATE KEMPANNA AGED ABOUT 63 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
10. SMT NAGAVENI D/O LATE KEMPANNA AGED ABOUT 45 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
11. SRI MANJUNATH HUSBANK OF NAGAVENI AGED ABOUT 54 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
12. KUMARI SAHANA D/O MANJUNATH AGED ABOUT 23 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
13. SRI UMAPATHI K S/O LATE KEMPANNA AGED ABOUT 43 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
14. SMT RUKMANI W/O UMAPATHI K AGED ABOUT 35 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
15. SRI RAGHUPATHI K S/O LATE KEMPANNA AGED ABOUT 41 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
16. SMT DAKSHAYINI W/O RAGHUPATHI AGED ABOUT 35 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
17. SMT KEMPAMMA D/O LATE NANJAPPA AGED ABOUT 80 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
18. SMT SHIVAMMA D/O LATE BACHAPPA AGED ABOUT 78 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
19. SMT LAKSHMAMMA D/O LATE BACHAPPA AGED ABOUT 66 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
20. SRI PILLASWAMY K B S/O BYRAPPA AGED ABOUT 65 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
21. SMT. SWETHA, W/O. PILLASWAMY K.B AGED ABOUT 42 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
22. SMT.
P. JYOTHI D/O PILLASWAMY AGED ABOUT 35 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
23. SRI P. JEEVAN GOWDA, S/O PILLASWAMY AGED ABOUT 32 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
24. SRI. BHANU GOWDA, S/O PILLASWAMY AGED ABOUT 19 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
25. SMT. SHANTHAMMA D/O LATE BYRAPPA AGED ABOUT 58 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
26. SMT. PADMAMMA D/O. LATE BYRAPPA, AGED ABOUT 56 YEARS R/OF KOLUVARAYANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU-560089
27. SMT. JAYAMMA W/O. MUNISWAMAPPA @ BANDEPPA AGED ABOUT 70 YEARS R/OF LINGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU 560 089
28. SMT GOWRAMMA D/O. MUNISWAMAPPA @ BANDEPPA AGED ABOUT 54 YEARS R/OF LINGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU 560 089
29. SRI. RAMESH, S/O MUNISWAMAPPA @ BANDEPPA AGED ABOUT 45 YEARS R/OF LINGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU 560 089
30. M/S. VET REALTORS A PROPRIETORSHIP FIRM REP. BY ITS PROPRIETRIX SMT. KAVITHA D.R OFFICE AT NO. 236, R.K.COMPLEX
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
SOMESHWARANAGAR YELAHANKA BENGALURU 560 064
31. M/S. BYPA VENTURES LLP, A REGISTERED FIRM HAVING ITS OFFICE AT NO. 11 OLD NO. 39/2, BRUNTON ROAD CIVIL STATION, ASHLEY PARK BENGALURU 560 001 REPRESENTED BY ITS DESIGNATED PARTNER MR. PAUL VARGHESE
32. SRI. GANAPATHI NARAYANA HEGDE S/O. LATE NARAYANA HEGDE AGED ABOUT 70 YEARS R/AT NO. 44-A, SFS 407 4TH STAGE, YELAHANKA SATELLITE TOWN BENGALURU 560 064
33. SRI. M.L. NAGARAJ, S/O LATE L.A. MUNISHAMAIAH AGED ABOUT 60 YEARS R/OF LINGANAHALLI VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU URBAN DISTRICT BENGALURU 560 089 …RESPONDENTS (BY SRI. ABHINAY Y.T, ADVOCATE FOR R1, R6, R7 & R17; SRI.
C.N. MAHADESHWARAM, ADVOCATE FOR R4, R14 & R21;
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXUREA THE IMPUGNED ORDER DATED 19.12.2025 PASSED ON I.A. NO.II BY THE I ADDL. SENIOR CIVIL
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
JUDGE, BENGALURU RURAL DISTRICT, AT BENGALURU IN OS NO. 2525/2025 AND DIRECT THE I ADDL. SENIOR CIVIL JUDGE BENGALURU RURAL DISTRICT AND BENGALURU TO CONSIDER THE IA NO. II AFRESH 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
ORAL ORDER
1. In this writ petition, the petitioners-plaintiffs have sought for a direction to the Trial Court to dispose of the application i.e., I.A.No.II filed by the plaintiffs under Order XXXIX Rule 1 and 2 of CPC in O.S.No.2525/2025 pending on the file of I Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.
3. The plaintiffs filed a suit in O.S.No.2525/2025 before the Trial Court seeking relief of partition and separate possession. Along with the suit, plaintiff also filed I.A.No.II
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
under Order XXXIX Rule 1 and 2 of CPC. After issuance of suit summons, the defendants have appeared. So far, no
order has been passed on the said application. Therefore, the present writ petition is filed seeking direction to the Trial Court for early disposal of the said application.
4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.
5. Accordingly, the following order is passed:
ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application filed under Order XXXIX Rule 1 and 2 of CPC, as expeditiously as possible, within 30 days from the date of receipt of certified copy of this order.
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HC-KAR NC: 2026:KHC:16020 WP No. 5050 of 2026
c) Parties are directed to co-operate for early disposal of the application. d) The interim order granted by this Court on 17.02.2026 shall continue to operate till the disposal of the said application by the Trial Court.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
DM List No.: 1 Sl No.: 56