HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 1243 OF 2026 (GM-CPC) BETWEEN: M/S ABHISHEKA PROPERTIES A FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, HAVING REGISTERED OFFICE AT NO.50/A, NEW TIMBERYARD LAYOUT, MYSORE ROAD, BENGALURU-560026 REPRESENTED BY SMT. L. JAYALAKSHMI W/O.LATE S.MANNOJI RAO, AGED ABOUT 70 YEARS, R/AT NO.50/A, NEW TIMBERYARD LAYOUT, MYSORE ROAD, BENGALURU-560026 …PETITIONER (BY SRI. SHIVARAMU H.C.,ADVOCATE) AND: 1. SMT JAYAMMA W/O.LATE SRI. DEVANNA, AGED ABOUT 78 YEARS R/A.NO.307, PAVANASUTA NILAYA, VINAYAKA LAYOUT, DASANAPURA HOBLI, BENGALURU NORTH TALUK 2. SMT. SAROJAMMA, W/O.SRI.MANJUNATH, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 2 AGED ABOUT 56 YEARS, R/A. NAGARUR VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK 3. SMT. ANNAPOORNA, W/O.SRI.MANJUNATH, D/O.SRI.MANJUNATH, AGED ABOUT 43 YEARS, R/A. BETTAHALLI VILLAGE, KUDUR HOBLI, MAGADI TALUK 4. SMT.LAKSHMIDEVI, W/O.SRI.MANJUNATH, D/O.SRI. MANJUNATH, AGED ABOUT 41 YEARS, R/A.JATTIPALYA, VISHWANEEDAM POST, MAGADI ROAD, BENGALURU 5. SMT. VANAJAKSHI, W/O.SRI.MANJUNATH, D/O.SRI. MANJUNATH, AGED ABOUT 38 YEARS, R/A.BETTAHALLI ILLAGE, KUDUR HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT 6. SMT. SOUMYA, W/O.SRI. MADHUSUDHAN, D/O.LATE SRI. MANJUNTH, AGED ABOUT 35 YRS, DASANAPURA HOBLI, R/A. DASANAPURA VILLAGE, BENGALURU NORTH TALUK HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 3 7. SMT. YASHODAMMA, W/O LATE MUNIRAJU, AGED ABOUT 53 YEARS, A.NO.307, PAVANASUTA NILAYA, VINAYAKA LAYOUT, DASANAPURA HOBLI. BENGALURU NORTH TALUK 8. SMT.RAJANI W/O.HARISH KUMAR D.M. D/O.LATE MUNIRAJU, AGED ABOUT 34 YEARS, R/A.VINAYAKA LAYOUT, DASANAPURA HOBLI, BENGALURU NORTH TALUK 9. SRI SHASHISHEKARA S/O LATE MUNIRAJU AGED ABOUT 30 YEARS R/A NO. 307 PAVANASUTA NILAYA VINAYAKA LAYOUT DASANAPURA HOBLI BENGALURU NORTH TALUK 10. SMT. RANGAMMA, W/O.SRI.ARASAPPA D/O.LATE SRI. DEVANNA, AGED ABOUT 58 YEARS 11. SRI. KIRAN KUMAR, S/O.SRI.ARASAPPA AGED ABOUT 27 YEARS HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 4 12. SMT.KEERTHI D/O.SRI.ARSAPPA, AGED ABOUT 33 YEARS, R10 TO R12 ARE R/A. VAJARAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK 13. SMT. CHANDRAKALA, W/O.R.GANGARAJU, AGED ABOUT 49 YEARS, R/A. NO.758, DEEPASHRI ENCLAVE, OPP. SAPTHAGIRI MEDICAL HOSPITAL, ATHMIYA GELEYARA BALAGA LAYOUT, BENGALURU-560090 14. M/S.CLASSIC LAND DEVELOPERS, A REGISTERED PARTNERSHIP FIRM HAVING ITS BUSINESS AT NO. 1, ADAKAMARANAHAI, 21ST K.M, TUMKUR ROAD, MAKALI POST, BENGALURU-562123 REPRESENTED BY ITS PARTNER SRI.A.BALAAJI @ D.V.M.RAO @D.V.MADHAVA RAO, S/O.LATE D.S.VENKATA RAM, AGED ABOUT 78 YEARS, R/A.NO.7, 13TH CROSS, S.P.EXTN, MALLESHWARAM, BENGALURU-3 15. SRI.H.C.RAMESH, S/O.LATE H.C.CHANNAPPA, AGED ABOUT 63 YARS, R/A.NO.36, 11TH CROSS, SREERAMPURAM, BENGALURU-560021 HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 5 16. SMT. REVATHI B.S D/O.SRI.B.K.SESHADRI, ABOUT 41 YEARS, NO.1618, B BLOCK, SAHAKARA NAGAR BENGALURU-560092 17. SMT.RAMANI B.S D/O.SRI.B.K.SESHADRI, AGED ABOUT 41 YEARS, R/A.NO.1618, B BLOCK, SAHAKARA NAGAR BENGALURU-560092 18. SRI. MANJUNATH K.H S/O.LATE K.L. HANUMANTHAPPA AGED ABOUT 48 YEARS, R/A.NO.7, 15TH C CROSS, 16TH MAIN ROAD, MUTHYALANAGAR, BANDAPPA GARDEN, BENGALURU-560054 19. SRI. OBALAPPA LINGAPPA S/O. LATE LINGAPPA AGED ABOUT 54 YEARS, R/A. VEEGOLD, NO.422, 2ND A CROSS, 4TH MAIN ROAD, OMBAR LAYOUT, BHUVANAGIRI, BENGALURU-560043 20. SMT.LAKSHMI M.G W/O.SRI.S.A.NARAYAN, AGED ABOUT 78 YEARS, R/A.NO.109, A BLOCK, CIL COLONY, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 6 SANJAYANAGAR, BENGALURU-560094 21. SRI.HARISH B.S S/O.SRI.B.K.SESHADRI, AGED ABOUT 42 YEARS, R/A.NO.27, 1ST CROSS, MODEL COLONY, YESHWANTHPUR, BENGALURU-560022 22. SMT.CHITRA P.S W/O.R.SEETHA RAMA, AGED ABOUT 58 YEARS, R/A.NO208, NAVAMI SIMPHONY, BANGARAPPA NAGARA, RAJARAJESHWARI NAGARA, BENGALURU-560072 23. SRI. KARTHIK K KULKARNI S/O.SRI.D.V.KRISHNA RAO, AGED ABOUT 44 YEARS, REPRESENTED BY HIS DULY CONSTITUTED ATTORNEY SRI.D.V.KRISHNA RAO, S/O.LATE D.S.VENKATARAM BOTH ARE R/A.RUP REKHA, CIL COLONY A BLOCK, SANJAYNAGAR, BENGALURU-560094 24. SRI. RAGHAVENDRA RAO P.S S/O.P.R.SADASHIVA P ABOUT 53 YEARS, 208, NAVAMI SIMPHONY, SANGARAPPANAGARA, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 7 RAJA RAJESHWARI NAGARA, BENGALURU-560072 25. SMT.LILLY RODRIGUES W/O.LATE DANIEL RODRIGUES, AGED ABOUT 73 YEARS, R/A. AKSHAYA, NO.1257, KALIYAMMA TEMPLE ROAD, T.DASARAHALLI, BENGALURU-560057 26. SRI.KANTHA RAJ M.C S/O.LATE CHANDRAPPA, AGED ABOUT 43 YEARS, NO.A-803, VAISHNAVI, NAKSHATRA APARTMENT, PHASE-1 YESHWANTAPURA, BENGALURU-560022 27. SMT.K.VISHALAKSHI W/O.SRI.NAGARAJ K, AGED ABOUT 64 YEARS, R/A.NO.1274/A, HOYSALA, ASHOK NAGAR, MANDYA-571401 28. SMT.S.SARASWATHI W/O.SRI.B.S.NARASIMHA MURTHY, AGED ABOUT 68 YEARS, R/A.NO.1356, 1ST CROSS, NEHRU NAGAR, MANDYA-571401 29. SMT.N.LAKSHMI W/O.S.NAGENDRA KUMAR, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 8 AGED ABOUT 50 YEAR, R/A.NO.668, AMRUTHA NILAYA 1ST STAGE, 3RD MAIN, ARAVINDANAGAR, MYSORE-570023 REPRESENTED BY HER GPA HOLDER SRI.S.NAGENDRA KUMAR, S/O.LATE G.R.SATHYANARAYANA SHETTY, R/A.NO.668, AMRUTHA NILAYA 1ST STAGE, 3RD MAIN, ARAVINDANAGAR, MYSORE-570023 30. SRI.B.R.PRADEEP S/O. SRI.B.L.RAMA RAO, AGED ABOUT 38 YEARS, R/A. NO.656, 21ST CROSS, II BLOCK, RAJAJINAGAR, BENGALURU-560010. 31. SRI. KARTHIK S S/O.SRI.V.SREENIVASA MURTHY, AGED ABOUT 45 YEARS, R/A.NO.KL 151, "SRI RAGHAVENDRA KRUPA", 9TH CROSS, VISHWESHWARAIAH NAGAR, KALLAHALLI SOUTH, MANDYA-571401 REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER SRI. V. SREENIVASA MURTHY, AGED ABOUT 76 YEARS, R/A.NO.KL 151, "SRI RAGHAVENDRA KRUPA", 9TH CROSS, VISHWESHWARAIAH NAGAR, KALLAHALLI SOUTH, MANDYA-571401 HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 9 32. SRI.V.SRINIVASA MURTHY, MAJOR IN AGE, R/A.NO.KL 151, "SRI RAGHAVENDRA KRUPA", 9TH CROSS, VISHWESHWARAIAH NAGAR, KALLAHALLI SOUTH, MANDYA-571401 33. SRI.P.Y YADUNANDAN S/O.SRI.P.K.VARAHA MURTHY ACHAR, AGED ABOUT 48 YEARS, R/A.NO.37/1, 5TH MAIN ROAD, BENGALURU-560018 34. SMT. VINODA BHAT, W/O.SRI.P.S.VITTALA, AGED ABOUT 60 YEARS, R/A.NO.T-11, PERODY PALACE APARTMENT, NO.54, VIJAYA SHREE LAYOUT, KODI CHIKKANAHALLI, BENGALURU-560076 35. SRI. VARADARAJAN P.K. S/O.K.N.MANI LYER, AGED ABOUT 65 YEARS, R/A.B-12, SASHANK FLORENTO, AMBA BHAWANI TEMPLE ROAD, DODDABETTAHALLI, VIDYARANGAPURA POST OFFICE, BENGALURU-560097 36. SRI. MANOHAR K.N. S/O.LATE SRI. K.NARASIMHA MURTHY, AGED ABOUT 63 YEARS, R/A. MALNAD MEDICALS, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 10 AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT -577432 37. SRI.MOHAN K.N S/O.SRI.K.NARASIMHA MURTHY, AGED ABOUT 55 YEARS, R/A. MALNAD MEDICALS, AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT -577432 38. SRI.MURALIDHAR K.N, S/O.LATE SRI. K.NARASIMHA MURTHY, AGED ABOUT 66 YEARS, R/A. MALNAD MEDICALS, AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT -577432 39. SRI.K.R.JAGADISH, S/O.LATE DR.RAMA BHAT, AGED ABOUT 74 YEARS, R/A. DENTAL SURGEON, AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT-577432 40. SRI.DR.RAVI H.B, S/O.SRI. BOKKE GOWDA, AGED ABOUT 55 YEARS, R/A. NO. 1584/1-1, K.R.ROAD, VIDYANAGAR, MANDYA-571401 41. SRI.T.N.KRISHNA MURTHY, S/O.LATE SRI.T.N.NARASIMHA MURTHY AGED ABOUT 68 YEARS, R/A. NO.102/1-1, BHAGYASHREE NILAYA, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 11 8TH CROSS ROAD DOWN, MALLESHWARAM, BENGALURU-560003 42. SMT. MANJULA RAMESH, W/O.SRI.C.S.RAMESH, ABOUT 51 YEARS, R/A.NO. DOOR NO.17-B, 14TH BLOCK, SBM COLONY, SRIRAMAPURAM 2ND STAGE, MYSORE-570023 REPRESENTED BY HER GPA HOLDER SRI.C.S.RAMESH S/O.SHESHAGIRI RAO, AGED ABOUT 61 YEARS, R/A.NO.DOOR NO.17-B, 14TH BLOCK, SBM COLONY, SRIRAMAPURAM 2ND STAGE, MYSORE-570023 43. SMT.N.NAGALATHA BADARI PRASAD W/O.SRI.R.BADARI PRASAD, AGED ABOUT 55 YEARS, R/A.(OLD NO.16/1) NO.31, 8TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560003 44. SRI. R.BADARI PRASAD, S/O. LATE A.M.RAMANATHA RAO, AGED ABOUT 60 YEARS R/A.(OLD NO.16/1) NO.31, 8TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560003 HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 12 45. SMT.SARASWATHI R, W/O.SRI.S.R.SANKARAN, AGED ABOUT 68 YEARS, R/A.NO.93, D POCKET, I MAYUR VIHAR DELHI-110091 REPRESENTED BY HER GPA HOLDER SRI.P.K.VARADARAJAN, S/O.LATE SRI.N.K.MANI IYER, R/A.NO.B-012, SASHANK FLORENTO, AMBA BHAWANI TEMPLE ROAD, VIDYARANYAPURA PO, BENGALURU-570097 46. SRI.M.KRISHNAN, S/O.SRI.K.MUNISWAMY, AGED ABOUT 74 YEARS, R/A. NO.76, 5TH MAIN, II PHASE, W.C.R. MANJUNATHANAGAR, RAJAJINAGAR. BENGALURU-560010 47. SRI.K.V.SETTY, S/O.KRISHNAIAH SETTY, AGED ABOUT 69 YEARS R/A.NO.51, SREE GAYATHRI GANESH MANDIR WARD, 6TH MAIN ROAD, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE BENGALURU-560085 48. SRI. RAKESH V, S/O.SRI.K.V.SETTY HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 13 AGED ABOUT 38 YEARS, R/A.NO.51, SREE GAYATHRI GANESH MANDIR WARD, 6TH MAIN ROAD, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE BENGALURU-560085 49. SRI.V.VINAY, S/O.SRI.K.V.SETTY, AGED ABOUT 38 YEARS R/A.NO.51, SREE GAYATHRI GANESH MANDIR WARD, 6TH MAIN ROAD, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE BENGALURU-560085 50. SMT.MANJULA CHANDRASHEKARA, W/O.SRI.P.CHANDRASHEKARA, AGED ABOUT 52 YEARS, R/A.NO.1337, 3RD MAIN ROAD, 5TH B CROSS, PRAKASH NAGAR, BENGALURU-560021 51. SMT. USHA PRADEEP W/O.K.P.PRADEEP, AGED ABOUT 48 YEARS, R/A.NO.853/A, "PANCHAVADI", 10TH CROSS, DEVANARAPALYA, BENGALURU-560054 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 14 COURT 1ST ADDL. SENIOR CIVIL JUDGE AT NELAMANGALA TO DISPOSE OFF I.A.S NO.3 AND 4 AS PER ANNX-G AND G1 IN THE ABOVE SUIT O.S.NO. 779/2025 FORTHWITH WITHOUT GRANTING FURTHER TIME TO R-1 TO 51 HEREIN AS SUFFICIENT TIME IS ALREADY GRANTED TO THEM TO FILE OBJECTIONS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The limited prayer in this petition is to direct the learned Trial Court to hear the two applications in I.A.Nos. 3 and 4 by the petitioner/plaintiff both filed under Order- XXXIX, Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’). 2. Learned counsel for the petitioner/plaintiff submits that he has filed a suit for specific performance of an agreement to sell dated 07.05.2016 and related prayers. He submits that despite filing of these two interim applications before the learned Trial Court on 26.11.2025, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 15 the applications have yet not been taken up for hearing. Learned counsel further submits that the very purpose of the filing these applications will be defeated, unless these applications are heard. 3. Given the limited nature of prayer, this Court does not deem it apposite to issue Notice in the matter. 4. It is the case of the petitioner that the petitioner has purchased the suit schedule property from its previous owner Late Sri.Devanna, mother of respondent Nos.1, 2 and 4, by virtue of a registered agreement to sell on 07.05.2016, for a total sale consideration of Rs.1.24 crores. The petitioner has made part payment of this amount. It is also the case of the petitioner that after entering into this agreement, the petitioner has learnt that respondent No.14 had previously entered into an unregistered sale agreement also with Late Sri.Devanna in respect of the same property on 18.08.1997 and that the General Power of Attorney in respect thereof was also executed. In pursuance of this unregistered agreement, HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 16 respondent No.14 has formed a layout and sold sites to proposed respondent Nos.16 to 51 herein. 5. The petitioner thus has filed the suit before the learned Trial Court seeking a decree of specific performance of the agreement to sell dated 18.07.2016 and has also filed these applications seeking an order of temporary injunction from changing the nature of the suit schedule property, as well as an injunction from restraining defendant Nos.1 to 13, and proposed respondents No.16 to 51 from alienating or creating any encumbrances over the suit schedule property. 6. Since more than four months have passed since these applications have been filed and the relief sought is urgent in nature, the learned Trial Court ought to have take these applications for hearing and disposal. 7. Accordingly, it is directed that the learned Trial Court shall take up and decide these applications (I.A.Nos.3 and 4) at the earliest. Let the parties be present before the HC-KAR NC: 2026:KHC:11253 WP No. 1243 of 2026 17 learned Trial Court for the purpose of arguments on these applications. 8. The learned counsel for the petitioner informs us that the applications are listed tomorrow i.e., 25.02.2026. 9. The petition is disposed of with the aforesaid directions. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE JJ List No.: 2 Sl No.: 5 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA