- 1 - HC-KAR NC: 2026:KHC:15283 WP No. 33484 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33484 OF 2025 (GM-CPC) BETWEEN: 1. SMT. SELVI W/O RAVI, D/O MARKANDA, AGED ABOUT 38 YEARS, R/AT PADARASE VILLAGE, SOUDAPURA POST, ERODE, TAMIL NADU-638 461. 2. SRI. MANI S/O MARKANDA, AGED ABOUT 36 YEARS, R/AT PEDDANAPALYA VILLAGE, KUDLUR POST, LOKKANAHALLI HOBLI, HANUR TALUK – 571 342 SRI. PALANISWAMY S/O MARKANDA, NOTE:THIS PERSON WHO IS THE 3RD PLAINTIFF BEFORE THE TRIAL COURT AND 4TH RESPONDENT BEFORE THE APPELLATE COURT, NOW IS DEAD AND HE DO NOT HAVE ANY LRS. 3. SMT. LAKSHMI W/O VENKATESH, D/O MARKANDA, AGED ABOUT 29 YEARS, R/AT NALLUR VILLAGE, MARTALLI, HANUR TALUK – 571 342. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15283 WP No. 33484 of 2025 4. SRI. DEVA S/O MARKANDA, AGED ABOUT 36 YEARS, R/AT PEDDANAPALYA VILLAGE, KUDLUR POST, LOKKANAHALLI HOBLI, HANUR TALUK – 571 342. …PETITIONERS (BY SMT. P. C. SUNITHA., ADVOCATE) AND: 1. SRI. MARKANDA S/O LATE PONNUSWAMY, AGED ABOUT 54 YEARS, R/AT PEDDANAPALYA VILLAGE, KUDLUR POST, LOKKANAHALLI HOBLI, HANURU TALUK – 571 342. 2. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, BENGALURU – 560 001. 3. THE DEPUTY DIRECTOR OF EDUCATION EDUCATION DEPARTMENT, DISTRICT ADMINISTRATIVE BUILDING, CHAMARAJANAGARA, CHAMARAJANAGARA DISTRICT-571 440. 4. THE BLOCK EDUCATION OFFICER EDUCATION DEPARTMENT, HANUR TOWN AND TALUK- 571 439. 5. HEAD MASTER GOVERNMENT HIGHER PRIMARY SCHOOL, PEDDANAPALYA VILLAGE, RAMAPURA HOBLI, KOLLEGALA TALUK (OLD), HANURU TALUK – 571 342. …RESPONDENTS (BY SRI. S. A. AHMED, AAG A/W SMT. HEMALATHA V., AGA FOR R2 TO R5) - 3 - HC-KAR NC: 2026:KHC:15283 WP No. 33484 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN M. A. NO.01/2024 FROM THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, AT KOLLEGALA, CHAMARAJANAGARA DISTRICT, WHICH WAS DISPOSED OF ON 08-09-2025 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 called in question the order dated 08.09.2025 passed by the Senior Civil Judge and JMFC, Kollegala (hereinafter referred to as the “First Appellate Court”), in M.A.No.01/2024, whereby the said miscellaneous appeal has been allowed and the order dated 29.01.2024 passed by the Additional Civil Judge and JMFC, Kollegala (hereinafter referred to as the “Trial Court”) on I.A.No.9 in O.S.No.196/2016 has been set aside. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The plaintiffs have filed a suit for partition and separate possession. Along with the plaint, they filed - 4 - HC-KAR NC: 2026:KHC:15283 WP No. 33484 of 2025 I.A.No.9 under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC seeking a temporary injunction restraining defendant No.5 from carrying out any repair or putting up further construction over Item No.1 of the suit schedule property pending disposal of the suit. The Trial Court, by order dated 29.01.2024, granted a temporary injunction restraining respondent No.5 from putting up any further construction or carrying out repair work on Item No.1 of the suit schedule property. Aggrieved by the same, respondent No.5 filed a miscellaneous appeal. The First Appellate Court, by the impugned order dated 08.09.2025, allowed the appeal and set aside the order passed by the Trial Court. Being aggrieved by the same, the plaintiffs are before this Court. 4. The learned Additional Advocate General appearing for respondent Nos.2 to 5 submits that land measuring 0.85 acre in Sy.No.33/1 was given by the petitioners’ father i.e. defendant No.1 under an unregistered relinquishment deed for consideration of Rs.40,000/- in - 5 - HC-KAR NC: 2026:KHC:15283 WP No. 33484 of 2025 the year 2003, and from that date, the respondents have been in possession and have constructed a school building thereon. 5. Per contra, learned counsel for the petitioners– plaintiffs submits that the unregistered relinquishment deed pertains only to 40 cents and not 85 cents. 6. Be that as it may, as on this date, the revenue records stand in the name of the school. Therefore, the First Appellate Court has rightly allowed the appeal by setting aside the order passed by the Trial Court. This Court finds no error or illegality in the impugned order dated 08.09.2025 passed by the First Appellate Court. 7. Accordingly, writ petition is dismissed. 8. It is made clear that, in the event the petitioners- plaintiffs succeed in the suit, the respondents-defendants shall not claim any equity. - 6 - HC-KAR NC: 2026:KHC:15283 WP No. 33484 of 2025 9. The Trial Court is directed to dispose of the suit as expeditiously as possible, and in any event, not later than eight months from the date of receipt of a certified copy of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 4