- 1 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 3584 OF 2024 (CPC) BETWEEN: SRI MARI HEGADE S/O LATE. KAMA HEGADE, AGED ABOUT 76 YEARS, RESIDING AT: HOUSE NO.5, 2ND MAIN ROAD, BEHIND AROGYA HOSPITAL, KUVEMPU NAGARA, KATTIGENAHALLI, BENGALURU - 560 064. …APPELLANT (BY SRI. SUYOG HERELE.,ADVOCATE) AND: 1. SMT PRAMEELA W/O LATE PILLACHANNAPPA, AGED ABOUT 38 YEARS, R/AT KATTIGENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK. 2. SMT. SHARADA, D/O LATE PILLACHANNAPPA, AGED ABOUT 34 YEARS R/AT KATTIGENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK 3. SRI. NATARAJ, S/O LATE PILLACHANNAPPA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 AGED ABOUT 37 YEARS R/AT KATTIGENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK 4. SMT. NETRA, W/O LATE MUNIRAJU, AGED ABOUT 39 YEARS, R/AT KATTIGENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK 5. CHI.SOW.PRIYANKA, D/O LATE MUNIRAJU, AGED ABOUT 3 MONTHS, REPRESENTED BY NATURAL GUARDIAN MOTHER SMT.NETRA R/AT KATTIGENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK 6. SMT. HAMSALATHA, W/O V.R. DHANANJAYA, AGED ABOUT 64 YEARS RESIDING AT NO.959, VINAYAKA NILAYA, VAKKALIGARA BEEDHI, YELAHANKA OLD TOWN, BANGALORE - 560 064. 7. SRI SHIVARAJ.B, S/O BYRAPPA, AGED ABOUT 37 YEARS, RESIDING AT VAJARAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT 8. SRI.CHANDRA RAO CHITCHULA, S/O C.H.MOHAN RAO, - 3 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 AGED ABOUT 41 YEARS, RESIDING AT: NO.1-2-47, BEST RAMA CHANDRA PURAM (VILLAGE AND POST), (VIA) BARUVA (R.S.), SOMPETA (MANDAL), SRIKAKULAM DISTRICT, ANDHRA PRADESH - 532 284. 9. SRI.N.SUBRARNANI, S/O NARAYANAPPA, AGED ABOUT 41 YEARS, RESIDING AT: NO.85/1, DWARARANAGAR, IAF POST, YELAHANKA, BANGALORE - 560 063. 10. SRI M.V.ANJANEYA, S/O LATE MYAKALA VENKATARAYAPPA, AGED ABOUT 53 YEARS, RESIDING AT: C/O B.KRISHNAPPA, "PRIYANKA VILAS", KATTIGENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK 11. SMT M.LAKSHMI, W/O N.SHANKARAPPA, AGED ABOUT 51 YEARS, RESIDING AT: NO.114, 'G' BLOCK, 7TH CROSS, SAHAKARANAGARA, BANGALORE - 560 092. 12. SMT RATHNAMMA, W/O SUDESH, AGED ABOUT 45 YEARS, RESIDING AT: DODDAULLURU VILLAGE, DASARAHALLI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. - 4 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 13. SMT GEETHA, W/O N.SUBRAMANI, AGED ABOUT 30 YEARS, RESIDING AT: BYAPPANAHALLI VILLAGE, SUGUTURU HOBLI AND POST, KOLAR TALUK AND DISTRICT. 14. SMT. CHIKKATAYAMMA, W/O MARIHEGEDE, AGED ABOUT 55 YEARS, RESIDING AT: KATTIGENAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK. 15. SRI A.KRISHNAPPA, S/O ANJINAPPA, AGED ABOUT 71 YEARS, RESIDING AT: BANAHALLI VILLAGE, KAIVARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT. …RESPONDENTS (BY SRI. KUMBAR VASANT FAKEERAPPA.,ADVOCATE FOR R1 AND R2; SMT. KAVITHA SALDANHA.,ADVOCATE FOR R7; NOTICES TO R3, R4, R12, R13, R14 AND R15 ARE SERVED AND UNREPRESENTED; V/O. DATED 12.09.2025, R-5 & R-11 HELD SUFFICIENT) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 12.03.2024 PASSED ON I.A.NOs.14,15 AND 17 IN O.S.NO.357/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C., DEVANAHALLI, ALLOWING THE I.A.NOs.14 AND 15 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND DISMISSING THE I.A.NO.17 FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 CORAM HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The present Miscellaneous First Appeal is preferred by defendant No.13 assailing the common order dated 12.03.2024 passed on I.A.Nos.1, 14, 15 and 17 in O.S.No.357/2015 on the file of the Principal Senior Civil Judge and J.M.F.C., Devanahalli (for short 'the trial Court'). By the impugned order, the trial Court allowed I.A.Nos.1, 14 and 15 filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC and restrained the defendants from creating third party rights or changing the nature of the suit property and rejected I.A.No.17 filed by defendant No.13/appellant under Order XXXIX Rule 4 read with Section 151 of CPC seeking to vacate the order of status-quo. 2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent Nos.1 and 2/plaintiffs. - 6 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 Brief facts: 3. The plaintiff instituted the suit for partition and separate possession in respect of the suit schedule property. Along with the suit, applications were filed seeking temporary injunction restraining the defendants from creating third party rights or from changing the nature of the land bearing Survey No.58/4 measuring 11½ guntas out of 32 guntas of Kattigenahalli Village. The case of the plaintiff is that the property originally belonged to late. Munichannappa and under the registered partition deed dated 09.02.2011, the suit property fell to the share of Branch of late Sri. Pillachannappa. It is alleged that defendant Nos.1 and 2 colluded and unlawfully dealt with the property to the determinant of the plaintiff. 4. The appellant/defendant No.13 claims to be a subsequent purchaser of site No.14 under the registered - 7 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 sale deed dated 11.08.2022 and sought vacating of the status-quo order to enable construction. 5. During the pendency of this appeal, the appellant/defendant No.13 has filed affidavit stating at paragraph Nos.8, to 11 as under: "8. I state that, I had further filed I.A. No.17 in O.S. No. 357 of 2015 seeking to vacate the order of status-quo passed by the learned Principal Senior Civil Judge and JMFC Devanahalli dated:27.03.2023, as I wanted to put up construction in the said property. 9. I state that, the learned Principal Senior Civil Judge and JMFC Devanahalli passed a common order dated:12.03.2024 thereby I.A.Nos.1, 14 and 15 filed by the Plaintiffs therein (Respondent No.1 and 2 herein) under Order XXXIX Rule 1 & 2 read with Section 151 of CPC and rejecting the I.A. No.17 filed by the Appellant under Order XXXIX Rule 4 read with Section 151 of CPC. Aggrieved by the said order I have preferred the present first appeal. 10. I state that, I am a bona fide purchaser of the property reserving my right to contest the above referred suit in OS No. 357 of 2015 and remedies as available in law. I may be permitted to put up - 8 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 construction in the Site No.4 of the B Schedule property. I further state that, in case if any adverse orders are passed in the proceedings against me arising out of OS No. 357 of 2015, I undertake to remove the construction without claiming any equity. 11. Wherefore, I most humbly pray that this Hon'ble Court may kindly be pleased to take the present affidavit on record and permit me to put up construction in the said property, in the interest of justice and equity." 6. The said affidavit is taken on record. 7. The affidavit filed by the appellant is undertaking not to claim equity and to remove the construction, if required. 8. The dispute regarding rights over the property is sub-judiced in the partition suit. The injunction order was challenged only by defendant No.13 and other defendants have not appealed. In view of the undertaking, the equities can be balanced without disturbing the entire injunction order. Accordingly, this Court pass the following: - 9 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 ORDER i) The Miscellaneous First Appeal is allowed in-part. ii) The impugned order dated 12.03.2024 is modified as follows: a. The order of status-quo vacated insofar as it relates to the appellant/defendant No.13 (site No.4). b. The appellant is permitted to proceed with the construction subject to the conditions: i. Any construction subject to final outcome of the suit. ii. The appellant shall not claim any equity. iii. He shall remove the construction, if adverse order is passed. iii) The Trial Court to dispose of the suit expeditiously, since the suit is of the year 2015 - 10 - HC-KAR NC: 2026:KHC:19279 MFA No. 3584 of 2024 and nearly 11 years have lapsed and as possible not later than one year. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 3