IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 32810 OF 2024 (GM-CPC)

BETWEEN: B N VISHAL S/O B K NAGESH, AGED ABOUT 34 YEARS, R/AT NO.83, NEAR ANJENEYA TEMPLE, BYRASANDRA, BENGALURU-560093.

…PETITIONER (BY SRI. HALESHA R G.,ADVOCATE)

AND:

Digitally signed by VANAMALA N 1. SMT JAYAMMA Location: W/O DODDANARASIMHAIAH, HIGH AGED ABOUT 52 YEARS, COURT OF KARNATAKA R/AT CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK.

2. SRI DODDANARASIMHAIAH S/O DODDASOLALLAPPA, AGED ABOUT 84 YEARS, 3. SRI GOPALA S/O DODDASOLALLAPPA, AGED ABOUT 53 YEARS, 4. SRI MUNIRAJU S/O DODDASOLALLAPPA, AGED ABOUT 47 YEARS, 5. SRI NARASIMHA MURTHY S/O DODDASOLALLAPPA, AGED ABOUT 42 YEARS, RESPONDENT NO. 2 TO 5 R/AT CHIKKAJALA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK.

6. SRI K N MANJUNATH S/O A C NANJAPPA, AGED ABOUT 61 YEARS, R/AT NO.630, A BLOCK, SAHAKARANAGAR, BENGALURU-560096.

7. SRI R SRINIVAS RAJU S/O LATE N R RAJU, AGED ABOUT 44 YEARS, R/AT NO.14/529, SHAKTHI SRI 1^ST FLOOR, NEW BEL ROAD, RMV II STAGE, BENGALURU-560094.

…RESPONDENTS (BY SRI. BALARAJ A C.,ADVOCATE FOR R1;

VIDE ORDER DATED 03.11.2025;

NOTICE TO R2, R3, R5, R6 IS DISPENSED WITH;

R4 & R7 A ARE SERVED AND UNREPRESENTED)

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27-09-2024 ON IA NO. 1 IN MA NO. 15034/2024 ON THE FILE OF THE V ADDITIONAL DISTRICT JUDGE BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI AT ANNEXURE-M.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The question for consideration is whether the petitioner must be permitted to continue with construction in a portion of the property for which a preliminary decree is granted declaring that the first respondent would be entitled for one-fifth share. This question is presented with the petitioner, the purchaser of a portion of the larger property [a site measuring 30feet x 40feet], calling in question the Order dated 27.09.2024 in MA No.15034/2024 on the file of the V Additional District and Sessions Judge, Bengaluru Rural District, sitting at Devanahalli [for short, the First Appellate Court].

2. This Court on 28.02.2025 has granted stay of the impugned order on terms, and this Court's order reads as under:

“Stay of order dated 27.09.2024 passed on I.A.No.1 in M.A.No.15034/2024 pending on the file of V Addl. District and Sessions Judge, Bengaluru Rural, Sitting at Devanahalli, till the next date of hearing, subject to condition that in case the petitioner herein is unsuccessful before the FDP Court, he shall not claim any equity on the construction put up on the land in dispute. He is also restrained from creating any third party interest or rights over the suit schedule property."

3. The appellate Court, by the impugned order, has restrained the petitioner from putting up construction in the subject property, allowing the application filed by the first respondent and the petitioner's grievance with the aforesaid order is examined in the light of these facts and circumstances.

[a] The first respondent has succeeded in a suit for partition in OS No. 479 of 2007 on the file of the Senior Civil Judge and JMFC, Devanahalli with the Civil Court decreeing such suit on 31.10.2011 declaring that she is entitled to one-fifth share in the land measuring 1 acre 3 guntas in Survey No. 55 of Chikkajala Village, Bengaluru North Taluk.

[b] The civil Court has also held that the sale deeds executed by her family members in favour of respondent nos.6 and 7 would not be binding upon her share while also observing that these sale deeds shall remain in force insofar as the rights of the vendors who have executed these sale deeds [first to fourth defendants in the suit]. The first respondent has filed an application under Order XX CPC for the drawing up of the final decree.

[c] The petitioner, who has purchased a portio