Karnataka High Court

WP/28044/2026 of SMT. LALITHAMMA Vs ASHWATHAMMA on 24 September 2026

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CNR: KAHC010609052026 NC: 2026:KHC:53210 WP No. 28044 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28044 OF 2026 (GM-CPC) BETWEEN: 1. SMT. LALITHAMMA D/O LATE HONNAPPA, W/O LATE

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 28044 OF 2026 (GM-CPC)

BETWEEN:

1.

SMT. LALITHAMMA

D/O LATE HONNAPPA,

W/O LATE SADASHIVAIAH

AGE ABOUT 69 YEARS

R/A NO 96, GANAPATHYHALLI

CHUNCHNAKUKPPE,

BENGALURU SOUTH TALUK,

BENGALURU 562130

…PETITIONER

(BY SRI CHANDRASHEKHARA R., ADVOCATE)

AND:

1.

ASHWATHAMMA,

W/O K H RAJASHEKHARAIAH

AGE ABOUT 70 YEARS

2.

K R NAGRATNA

D/O K H RAJASHEKHARAIAH

AGE ABOUT 55 YEARS

3.

K.R. SHIVANAGAMMA

D/O K H RAJASHEKHARAIAH

AGED ABOUT 52 YEARS

RESPONDENT NO.1 TO 3 ARE

RESIDING AT MATHRUSHREE NILAYA,

11TH CROSS, 1ST MAIN,

SRINAGARA, TUMAKURU-572104

Digitally

signed by

VINUTHA B S

Location:

High Court of

Karnataka

HC-KAR

4.

K.H. MALLESHAIAH

S/O LATE HONNAPPA

AGED ABOUT 80 YEARS

RESIDING AT NO 01,

SHARADA NILAYA, 1ST CROSS,

3RD MAIN RANGANATHAPURA,

OPP TO CANARA BANK,

MAGADI MAIN ROAD, KAMAKSHIPALYA,

BENGALURU-560079

5.

H CHANDRAPPA

S/O LATE HONNAPPA

AGE ABOUT 68 YEARS

6.

H GANGAPPA

S/O LATE HONNAPPA

AGE ABOUT 67 YEARS

SL. No.5 AND 6

R/AT 02 PANCHALINGESHARA NILAYA

VINAYAKA NAGARA

KADABAGERE, JANAPRIYA MAIN ROAD

NEAR MUTTURAYA SWAMY TEMPLE,

BENGALURU NORTH, BENGALURU 560091

7.

L VENUGOPAL

S/O K T LOKANATHAN

AGE ABOUT 66 YEARS

R/A NO 368, 3RD CROSS,

1ST BLOCK, R T NAGARA

BENGALURU 560032.

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

QUASH ANNX-A THE IMPUGNED ORDER DATED 13.07.2026

PASSED BY THE II ADDL. SENIOR CIVIL JUDGE NELAMANGALA

IN OS NO. 767/2026. DIRECTING THE II ADDL. SENIOR CIVIL

JUDGE NELAMANGALA TO CONSIDER THE IA NO.1 AFRESH.

HC-KAR

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

The petitioner instituted a suit for partition in O.S. No.767/2026, along with an application under Order XXXIX Rules 1 and 2 of the CPC, seeking an ad-interim temporary injunction restraining the defendants from alienating or creating any third-party interest in the suit schedule property. The Trial Court, by the impugned order, issued notice on I.A. No.1 as well as on the suit.

2. Learned counsel appearing for the petitioner submits that, pending consideration of the application, the defendants are attempting to alienate the suit schedule property and create third-party interests therein. If not prevented, the same would lead to multiplicity of proceedings.

3. Considering the submissions made and the limited relief that can be extended in the present case, issuance of notice to the respondents stands dispensed with.

HC-KAR

4. Both the parties are directed to maintain status quo, till consideration of I.A. No.1 filed under Order XXXIX Rules 1 and 2 of the CPC. The Trial Court is directed to expedite the matter and dispose of I.A. No.1 filed under Order XXXIX Rules 1 and 2 of the CPC within eight weeks from today.

5. The petitioner shall place a copy of this order before the Trial Court and seek advancement of the case.

6. With the above observations and directions, the writ petition stands disposed of.

Sd/- (K. V. ARAVIND) JUDGE

VBS List No.: 1 Sl No.: 28

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