- 1 - HC-KAR NC: 2026:KHC:16356 WP No. 3824 of 2024 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. 3824 OF 2024 (GM-CPC) BETWEEN: 1. SMT. H.B. BHARATHI W/O LATE H.R. SAMPATH AGED ABOUT 65 YEARS R/AT NO. MIG 132, 2ND STAGE 80 FEET ROAD, KHB COLONY BASAVESHWARANAGARA BENGALURU–560 079 2. SHRI. H.S. ARUNKUMAR S/O LATE H.R. SAMPATH AGED ABOUT 44 YEARS R/AT NO. MIG 132, 2ND STAGE 80 FEET ROAD, KHB COLONY BASAVESHWARANAGARA BENGALURU–560 079 3. SHRI H.S. SUDHINDRA S/O LATE H.R. SAMPATH AGED ABOUT 40 YEARS R/AT 53 VA LAYOUT NEAR DEVIRAMMANAHALLI WATER TANK KHB COLONY, NANJANGUD MYSORE DISTRICT–571 301 4. SMT. RAJESHWARI H.S D/O LATE H.R. SAMPATH AGED ABOUT 42 YEARS R/AT NO.2108, 9TH CROSS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16356 WP No. 3824 of 2024 KUVEMPUNAGAR CHANNAPATNA-562 160 …PETITIONERS (BY SMT. SUMATHI S, ADVOCATE) AND: SRI. H.S. RAGHAVENDRA S/O LATE H.R. SAMPATH AGED ABOUT 46 YEARS R/AT FLAT NO.404, ‘B’ BLOCK SOUNDARYA KAMAKSHI MAGADI MAIN ROAD ASTHAGRAMA LAYOUT, KAMAKASHIPALYA BENGALURU-560 079 …RESPONDENT (BY SRI. RANGARAMU V, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER ON IA NO.11 FILED BY THE PETITIONERS/DEFENDANTS U/S 151 OF CPC PRAYING TO PASS THE PRELIMINARY DECREE OF PARTITION IN OS NO. 6469/2018 BEFORE THE VIII ADDL. CITY CIVIL SESSIONS JUDGE BENGALURU DTD 30.10.2023 VIDE ANNEXURE-A BY ALLOWING THE ABOVE WRIT. 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 This writ petition is filed by defendant Nos. 1 to 4 under Article 227 of the Constitution of India, challenging the order dated 30.10.2023 passed on I.A.No.11 in O.S. - 3 - HC-KAR NC: 2026:KHC:16356 WP No. 3824 of 2024 No.6469/2018 by the VIII Additional City Civil and Sessions Judge, Bengaluru, whereby the application filed by defendant Nos. 1 to 4 under Section 151 of the Code of Civil Procedure, seeking for drawing up of a preliminary decree, has been rejected. 2. The respondent/plaintiff filed a suit in O.S.No. 6469/2018 for partition and separate possession, seeking a 1/4th share in the suit schedule property. The petitioners/defendants filed an application praying that the suit may be decreed by drawing up a preliminary decree declaring that the plaintiffs and defendant No.2 are entitled to a 1/5th share each and defendant No.3 to 3/5th share. Since there is a dispute with respect to the quantum of share between the parties, the trial court rejected the application. 3. There is no error or illegality in the order passed by the trial court. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:16356 WP No. 3824 of 2024 Since the suit is of the year 2018, the trial court is directed to dispose of the suit as expeditiously as possible, and in any event not later than six months from the date of receipt of a certified copy of this order, provided there is no order of stay of the said proceedings granted by any court of law. The parties are directed to co-operate for the speedy disposal of the suit. 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.: 86