MAHADEVAMMA vs KRISHNAIAH
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58660
WP No. 30937 of 2026
CNR: KAHC010675602026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 30937 OF 2026 (GM-CPC)
BETWEEN:
1. MAHADEVAMMA
LATE HUCHAIAH
AGED ABOUT 71 YEARS,
2. SRINIVASA
LATE HUCHAIAH
AGED ABOUT 48 YEARS,
3. LOKESH
LATE HUCHAIAH
AGED ABOUT 46 YEARS,
4. UMESH
S/O LATE HUCHAIAH
AGED ABOUT 44 YEARS,
5. KENCHAIAH
S/O LATE HUCHAIAH
AGED ABOUT 68 YEARS,
6.
SHANKARAIAH
S/O LATE VENKATAIAH
AGED ABOUT 66 YEARS
Digitally signed
by VINUTHA B
S
Location: High
Court of
Karnataka
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7. AJJAIAH
S/O LATE KENDAIAH
AGED ABOUT 72 YEARS
8. GOWRAMMA
W/O CHIKKANNA AND
DAUGHTER IN LAW OF KENDAIAH
AGED ABOUT 50 YEARS
9. THIMMAIAH
S/O KENDAIAH
AGED ABOUT 68 YEARS
10. SHANKARA
S/O KENDAIAH
AGED ABOUT 66 YEARS
11.
KENCHAIAH
S/O KENDAIAH
AGED ABOUT 66 YEARS
12. MANCHAMMA
D/O LATE HUCHAIAH @ JEEVAIAH
AGED ABOUT 80 YEARS
13. ALAMELAMMA
D/O LATE HUCHAIAH @ JEEVAIAH
AGED ABOUT 70 YEARS
14. PARVATHAMMA
D/O LATE HUCHAIAH @ JEEVAIAH
AGED ABOUT 70 YEARS
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15. KANTAMMA
LATE HUCHAIAH @ JEEVAIAH
AGED ABOUT 60 YEARS
ABOVE ALL R/AT THAMASANDRA VILLAGE
GIRENAHALLI POST HAROHALLI TALUKU
BENGALURU SOUTH DISTRICT
PIN CODE 562112
…PETITIONERS
(BY SRI. RAVIKUMAR B K., ADVOCATE)
AND:
1.
KRISHNAIAH
S/O LATE MOTAIAH
AGED ABOUT 78 YEARS
RAMPURA VILLAGE,
KANAKAPURA TALUKU
BENGALURU SOUTH DISTRICT
PIN CODE 562117
2. KRISHANPPA
S/O LATE MOTAIAH
AGED ABOUT 75 YEARS
R/AT RETIRED HEALTH INSPECTOR NO.276,
RATNA NILAYA 94TH CROSS
NEAR KANAKA TRAVELS
RAMAKRISHNA NAGAR
MYSORE 570022
3. MARAIAH
S/O LATE MOTAIAH
AGED ABOUT 72 YEARS
RAMPURA VILLAGE TUNGANI POST
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KANAKAPURA TALUKU
BENGALURU SOUTH DISTRICT
PIN CODE 562117
4.
CHOWDAMMA
W/O LATE THIMMAIAH
AGED ABOUT 89 YEARS
5. PUTTALINAGMMA
D/O LATE THIMMAIAH
AGED ABOUT 70 YEARS
6. PARVATHAMMA
W/O LATE DUNDAIAH
AGED ABOUT 55YEARS
7. MANGALA
D/O LATE DUNDAIAH
AGED ABOUT 25 YEARS,
8. SAVITHA
D/O LATE DUNDAIAH
AGED ABOUT 20 YEARS
9. SHIVALINGAMMA
W/O LATE RAMACHANDRA
AGED ABOUT 65 YEARS
10. SRINIVAS
S/O LATE RAMACHANDRA
AGED ABOUT 40 YEARS
11.
VENKATACHALAIAH
S/O LATE RAMACHANDRA
AGED ABOUT 32 YEARS
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12. CHINNAGIRI
S/O LATE THIMMAIAH
AGED ABOUT 50 YEARS
DEFENDANT No.4 TO 12 ARE
R/AT NARASIMAIAHANA DODDI
GIRENAHALLI POST HAROHALLI TALUKU
BENGALURU SOUTH PIN CODE 562112
13. BYRAMMA
W/O CHIKKAVENKATAIAH
AGED ABOUT 100 YEARS
14. RAMESH
S/O GOVINDAIAH
AGED ABOUT 40 YEARS
15. SRINIVAS @ SEENAPPA
S/O LATE CHIKKAVENKATAIAH
AGED ABOUT 62 YEARS
16. MAHADEVAMMA
W/O HANUMANTHAIAH
AGED ABOUT 45 YEARS
17.
RAGHU
S/O HANUMANTHAIAH
AGED ABOUT 22 YEARS
18.
LAKSHMAMMA
D/O MARIHUCHAIAH
AGED ABOUT 60 YEARS
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19. KAMALAMMA
D/O MARIHUCHAIAH
AGED ABOUT 56 YEARS
20. JAYAMMA
D/O MARIHUCHAIAH
AGED ABOUT 50 YEARS
21. DEVAMMA
W/O CHIKKAHUCHAIAH
AGED ABOUT 75 YEARS
22.
VENKRAMANAIAH
S/O CHIKKAHUCHAIAH
AGED ABOUT 49 YEARS
23.
KALLAIAH
S/O CHIKKAHUCHAIAH
AGED ABOUT 40 YEARS
24. ALAMELAMMA
D/O LATE THAMMAIAH
AGED ABOUT 68 YEARS
25. SHAKAMMA
D/O LATE THAMMAIAH
AGED ABOUT 66 YEARS
26. JAYAMMA
D/O LATE THAMMAIAH
AGED ABOUT 64 YEARS
27. GOPI
S/O LATE HUCHAIAH
AGED ABOUT 55 YEARS
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28. SOWBHAGYA
D/O LATE HUCHAIAH
AGED ABOUT 55 YEARS
29. SWAMY
S/O LATE HUCHAIAH
AGED ABOUT 42 YEARS
30. GOVINDAIAH
S/O LATE GANTAIAH
AGED ABOUT 85 YEARS
31. PUTTASWAMAIAH
LATE GANTAIAH
AGED ABOUT 80 YEARS
32. NARAYANAPAPPA
S/O LATE MOOLAIAH
AGED ABOUT 80 YEARS
33.
PUTTASWAMY
S/O LATE MOOLAIAH
AGED ABOUT 65 YEARS
RESPONDENT No.13 TO 33 ARE
R/AT THAMASANDRA VILLAGE
GIRENAHALLI POST HAROHALLI TALUKU
BENGALURU SOUTH
PIN CODE 562112
34. VENKATACHALAIAH
S/O LATE MOOLAIAH
AGED ABOUT 55 YEARS
R/AT NO.236, ANJAADRI NILAYA
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4TH CROSS, 1ST MAIN
VEERABADRA NAGARA BSK 3RD STAGE
BENGALURU 560085
35. HUCHAIAH
S/O LATE MAARAIAH
AGED ABOUT 55 YEARS
36. PARVATHAMMA
W/O SATHYAPPA
AGED ABOUT 40 YEARS
37. PAVAN
S/O LATE SATYAPPA
AGED ABOUT 25 YEARS
38. SUSHEELA
W/O LATE JAYARAM
AGED ABOUT 45 YEARS
39. PRASHANTH
S/O LATE JAYARAM
AGED ABOUT 23 YEARS
DEFENDANT No.35 TO 39 ARE
R/AT THAMASANDRA VILLAGE
GIRENAHALLI POST
HAROHALLI TALUKU
BENGALURU SOUTH
PIN CODE 562112
40. THAYAKKA
D/O HUCHAIAH @JEEVAIAN
AGED ABOUT 70 YEARS
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WP No. 30937 of 2026
CNR: KAHC010675602026
R/AT HADE BEEDI
HAROHALLI TOWN, HAROHALLI TALUKU
BENGALURU SOUTH
PIN CODE 562112
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
HON'BLE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA, TO
DECIDE THE INTERLOCUTORY APPLICATION FILED BY THE
PETITIONER HEREIN U/ORDER 39 RULE 1 AND 2 R/W SECTION
151 OF CPC APPLICATION DATED 27.08.2026 OS NO.929/2026
WHICH IS ANNEXURE B, TO DECIDE THE SAME ON MERITS
AND WITHIN A SPECIFIC TIME FRAME, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The limited grievance in the present petition is the refusal
to grant an ex parte temporary injunction restraining the
defendants in O.S. No. 929/2026 from alienating the suit
schedule property.
2. Learned counsel for the petitioners submits that the suit
is one for partition and separate possession. Taking advantage
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WP No. 30937 of 2026
CNR: KAHC010675602026
of the non-grant of an ex parte temporary injunction, the
defendants have filed an application before the Tahsildar
seeking permission to transfer the land, which is subject to the
restrictions imposed under the Karnataka Scheduled Castes and
Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act,
1978. The endorsement issued by the Tahsildar in this regard
is dated 16.06.2026.
3. Considered the submissions made by learned counsel for
the petitioners and perused the impugned order.
4. In view of the limited nature of the interference proposed
by this Court, issuance of notice to the respondents is
dispensed with.
5. The suit is one for partition and separate possession. As
is evident from the endorsement dated 16.06.2026 issued by
the Tahsildar, an attempt is being made to transfer a portion of
the suit schedule property. If such transfer is permitted
pending consideration of the application, it would lead to
multiplicity of proceedings and render the pending application
infructuous. Therefore, pending consideration of the
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application, the title to the suit schedule property is required to
be preserved. In that view of the matter, the following:
ORDER
i. Writ petition is disposed of .
ii. The defendants are restrained from alienating
or creating any third party interest in respect
of the suit schedule property till consideration
of I.A.I filed under Order XXXIX Rule 1 and 2.
iii. The Trial Court is directed to expedite and
dispose of the said application within two
months.
iv. For such purpose, the petitioners are permitted
to seek advancement of the case before the
Trial Court.
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
List No.: 1 Sl No.: 18