[Cites 3, Cited by 0]
Karnataka High Court
Smt. Subbalakshmi vs Smt. H Girijamba on 11 March, 2026
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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WP No. 6965 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 6965 OF 2026 (GM-CPC)
BETWEEN:
1. SMT. SUBBALAKSHMI
W/O. LATE SRI. MUNISONNAPPA,
AGED ABOUT 75 YEARS,
R/AT LOKKONDAHALLI VILLAGE,
KASABA HOBLI, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU - 562 114.
2. SMT. M.S. SUJATHA
W/O. SRI. SUNDAR,
D/O. LATE SRI. MUNISONNAPPA,
AGED ABOUT 57 YEARS,
RESIDING AT NO.418,
CHIKKAKALLANSANDRA MAIN ROAD,
NEAR MAHESH PHARMA,
Digitally signed by UTTARAHALLI HOBLI,
DHANALAKSHMI SUBRAMANYAPURA,
MURTHY
BENGALURU-560 061.
Location: HIGH
COURTOF
KARNATAKA 3. SRI. VIJAYENDRA KUMAR L.M
S/O. LATE SRI. MUNISONNAPPA,
AGED ABOUT 55 YEARS,
R/A. LOKKONDAHALLL VILLAGE,
KASABA HOBLI, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU 562 114.
4. SRI. LOKESH L.M.
S/O. LATE SRI. MUNISONNAPPA,
AGED ABOUT 53 YEARS,
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WP No. 6965 of 2026
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NO.47, TUKE GROVE,
UNITED KINGDOM, WF1 4SL,
REP. BY GPA HOLDER
SRI. VIJAYENDRA KUMAR L. M.
5. SRI. PRADEEP KUMAR L.M
S/O. LATE SRI. MUNISONNAPPA,
AGED ABOUT 51 YEARS,
R/A. LOKKONDAHALLI VILLAGE,
KASABA HOBLI, HOSKOTE TALUK,
BENGALURU RURAL DISTRICT,
BENGALURU 562 114.
...PETITIONERS
(BY SRI. CHANDRASHEKAR PATIL., ADVOCATE)
AND:
1. SMT. H GIRIJAMBA
W/O. LATE RAMAPRASADA,
D/O. LATE H. NANJUNDAIAH,
AGED ABOUT 66 YEARS,
RESIDING AT NO. 283,
1ST FLOOR, 3RD AVENUE,
3RD MAIN, TEACHERS COLONY,
KORAMANGALA, 3RD BLOCK EAST,
BANGALORE-560 034.
2. SMT. H.N. SAVITHRAMMA
@ SUNDARAMMA,
W/O. LATE M.S. SUBBA RAO,
D/O. LATE H. NANJUNDAIAH,
AGED ABOUT 74 YEARS,
RESIDING AT NO. 283,
2ND FLOOR, 3RD AVENUE,
3RD MAIN, TEACHERS' COLONY,
KORAMANGALA, 3RD BLOCK EAST,
BANGALORE -560 034.
3. SMT. H.N. SAROJAMMA
W/O. SRI. KRISHNAMURTHY,
D/O. LATE H. NANJUNDAIAH,
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AGED ABOUT 72 YEARS,
RESIDENT OF GANDHI CIRCLE,
VARATHUR, BENGALURU 560 087.
4. SMT. K.G. SHYALAJA
D/O. LATE H.N. VIJAYAMBA
AGED ABOUT 63 YEARS
RESIDING AT NO. 283,
1ST FLOOR, 3RD AVENUE,
3RD MAIN, TEACHERS' COLONY,
KORAMANGALA, 3RD BLOCK EAST,
BANGALORE-560 034.
5. SRI. K.G. SURESH
S/O. LATE H.N. VIJAYAMBA
AGED ABOUT 62 YEARS
R/AT NO. 283, 1ST FLOOR,
3RD AVENUE, 3RD MAIN,
TEACHERS' COLONY,
KORAMANGALA 3RD BLOCK EAST,
BANGALORE-560 034.
6. SMT. K.G. SHASHIKALA
D/O. LATE H.N. VIJAYAMBA
AGED ABOUT 52 YEARS
RESIDING AT NO. 283,
1ST FLOOR, 3RD AVENUE,
3RD MAIN, TEACHERS' COLONY,
KORAMANGALA, 3RD BLOCK EAST,
BANGALORE-560 034.
7. SMT. D.C. PREMALATHA
D/O. LATE H.N. VIJAYAMBA
AGED ABOUT 52 YEARS
RESIDING AT NO. 283, 1ST FLOOR,
3RD AVENUE, 3RD MAIN,
TEACHERS' COLONY,
KORAMANGALA 3RD BLOCK EAST,
BANGALORE-560 034.
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8. SMT. MANJULA
W/O. PARASHURAMA MURTHY
D/O. LATE H. NANJUNDAIAH,
AGED ABOUT 55 YEARS,
C/O. MR. H.N. PUTTANNA,
RESIDING AT NO. 7/21,
1ST FLOOR, 4TH CROSS,
5TH MAIN, BEHIND BSV TEMPLE,
BSK 3RD, STAGE, HOSAKEREHALLI,
BANGALORE 560 085.
9. SMT. SHANTHA
W/O. LATE H. NAGABHUSHAN RAO,
AGED ABOUT 79 YEARS,
RESIDING AT NO. 7/21,
1ST FLOOR, 4TH CROSS,
5TH MAIN, BEHIND BSV TEMPLE,
BSK 3RD STAGE, HOSAKEREHALLI,
BANGALORE 560 085.
10. SRI. H.N. SHIVAKUMAR
S/O. LATE H. NAGABHUSHAN RAO,
AGED ABOUT 57 YEARS,
RESIDING AT NO. 7/21,
1ST FLOOR, 4TH CROSS,
5TH MAIN, BEHIND BSV TEMPLE,
BSK 3RD STAGE, HOSAKEREHALLI,
BANGALORE - 560 085.
11. SRI. CHANDRASHEKAR,
S/O. LATE H. NAGABHUSHAN RAO,
AGED ABOUT 53 YEARS,
RESIDING AT NO. 7/21,
1ST FLOOR, 4TH CROSS,
5TH MAIN, BEHIND BSV TEMPLE,
BSK 3RD STAGE, HOSAKEREHALLI,
BANGALORE - 560 085.
12. SRI. H.N. PUTTANNA,
S/O. LATE H. NANJUNDAIAH,
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AGED ABOUT 63 YEARS,
RESIDING AT NO. 7/21,
1ST FLOOR, 4TH CROSS,
5TH MAIN, BEHIND BSV TEMPLE,
BSK 3RD STAGE, HOSAKEREHALLI,
BANGALORE 560 085.
13. SRI. H.N. SRIKANTA
S/O. LATE H. NANJUNDAIAH,
AGED ABOUT 67 YEARS,
RESIDING AT NO. 7/21,
1ST FLOOR, 4TH CROSS,
5TH MAIN, BEHIND BSV TEMPLE,
BSK 3RD STAGE, HOSAKEREHALLI,
BANGALORE 560 085.
14. SRI. R. MUNISHAMAPPA
S/O. LATE SRI. MUNISHAMAPPA,
AGED ABOUT 60 YEARS,
R/AT. PALANAHALL THOTA,
MARUTHI NAGAR, YELAHANKA,
BENGALURU NORTH TALUK,
BENGALURU - 560 064.
15. SRI. B. R. NARTHAN
S/O B. N. RAMACHANDRA,
AGED ABOUT 34 YEARS,
RESIDING AT NO. 38,
8TH MAIN, 7TH CROSS,
HMT LAYOUT, RT NAGAR,
BENGALURU -560 032.
16. SRI PAUL ANTONY
S/O ANTONY PAUL
AGED ABOUT 33 YEARS
R/AT NO.C-32, SHOBHA IVORY,
ST. JOHN'S ROAD,
BENGALURU 560 042.
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17. SRI B.K. NARAYANASWAMY
S/O KRISHNAPPA
AGED ABOUT 43 YEARS
R/AT NO.10, NANDAGOKULA NILAYA,
S. BACHCHANALLI VILLAGE,
KUNDANA HOBLI, DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 110.
...RESPONDENTS
(BY SRI. JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI. UMASHANKAR L, ADVOCATE FOR C/R1 TO R8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR
DIRECTION UNDER ARTICLE 227 OF THE CONSTITUTION OF
INDIA, CALLING FOR THE RECORDS OF MA NO.22/2025 FROM
THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
DEVANAHALLI 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 petition, the petitioners-plaintiffs have called
in question the order dated 05.01.2026 passed by the III
Additional Senior Civil Judge and JMFC, Devanahalli
(hereinafter referred to as the "First Appellate Court" for
short) in M.A.No.22/2025 vide Annexure-A, whereby the
parties were directed to maintain status-quo in respect of
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the suit schedule property till the disposal of the Execution
Petition as well as Regular Appeal, which is pending before
the V Additional District and Sessions Judge, Devanahalli.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court.
3. The petitioners-plaintiffs have filed a suit for
permanent injunction in O.S.No.290/2024. Along with the
plaint, they filed I.A.No.1 under Order XXXIX Rules 1 and
2 read with Section 151 of Code of Civil Procedure, 1908
(CPC), seeking an interim order of temporary injunction
restraining the defendants, their men, agents, servants,
representatives, or any persons claiming under or through
them from alienating, encumbering or creating any charge
over the schedule property pending disposal of the suit.
They have also filed I.A.No.2 under Order XXXIX
Rules 1 and 2 read with Section 151 of CPC, seeking
temporary injunction restraining the defendants, their
men, agents, servants, representatives, or any persons
claiming under or through them from interfering with the
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peaceful possession and enjoyment of the schedule
property pending disposal of the suit. The Trial Court
initially granted an ex-parte order of temporary injunction.
Upon service of summons, defendant Nos.6 to 13
filed an application under Order XXXIX Rule 4 of the CPC
seeking to vacate the said ex-parte order. The said
application came to be dismissed by the Trial Court by
order dated 16.08.2025. Being aggrieved by the same,
defendant Nos.6 to 13 preferred an appeal before the First
Appellate Court in M.A.No.22/2025.
The First Appellate Court, by order dated
05.01.2026, partly allowed the said appeal and directed
both the parties to maintain status-quo in respect of the
suit schedule property till the disposal of Execution Petition
as well as Regular Appeal, which is pending before the V
Additional District and Sessions Judge, Devanahalli. Being
aggrieved by the same, the petitioners are before this
Court.
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4. In view of the above, the direction issued by the First
Appellate Court to maintain status-quo merely preserves
the existing state of affairs and does not cause any
prejudice to the petitioners herein. This Court does not
find any error, illegality, or perversity in the impugned
order dated 05.01.2026 passed by the First Appellate
Court in M.A.No.22/2025 vide Annexure-A warranting
interference under Article 227 of the Constitution of India.
5. Accordingly, the writ petition stands disposed of.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
List No.: 1 Sl No.: 17
