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