IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5935 OF 2025 (CPC)

BETWEEN:

1. SMT. JAYAMMA D/O LATE. M. THIMMARAYAPPA, TRIAL COURT AGE 57 YEARS, R/AT HUCHEGOWDANAPALYA VILLAGE, T. BEGUR POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123.

2. SMT. MUNIYAMMA @ MANGALA, D/O LATE. M. THIMMARAYAPPA, W/O SRI. RAMEGOWDA, AGE 57 YEARS, R/AT HOUSE NO.1, 2^ND CROSS, Digitally MUNESHWARA BLOCK signed by PAVITHRA B WARD NO. 13, Location: MALLASANDRA, T. DASARAHALLI, HIGH BENGALURU – 560 057.

COURT OF KARNATAKA

3. SMT. CHANNAMMA, D/O LATE. M. THIMMARAYAPPA, W/O SRI. B.G. THIMMAIAH, AGE 55 YEARS, R/AT NO. 407, 1^ST MAIN ROAD, 3^RD PHASE, MANJUNATHA NAGARA, BENGALURU- 560 010. 4. SMT. BHAGYAMMA, D/O LATE. M. THIMMARAYAPPA, W/O SRI. KRISHNAPPA, AGE 48 YEARS, R/AT NO. MASKAL VILLAGE, GULURU HOBLI, TUMKURU TALUK, TUMKURU DISTRICT – 572 101.

5. SMT. CHIKKAMMA, W/O LATE. M. THIMMARAYAPPA, AGE 76 YEARS, R/AT HUCHEGOWDANAPALYA VILLAGE, T. BEGUR POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123.

6. SRI. ERAMARAIAH KUMAR, S/O LATE. M. THIMMARAYAPPA, AGE MAJOR, R/AT HUCHEGWDANAPALYA VILLAGE, T. BEGUR POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123.

7. SRI. THIMMEGOWDA, S/O LATE. M. THIMMARAYAPPA, AGE, MAJOR, R/AT HUCHEGOWDANAPALYA VILLAGE, T. BEGUR POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123.

…APPELLANTS (BY SRI. RAVINDRA PRASAD B, ADVOCATE)

AND:

SRI M SIDDARAJU S/O LATE. MUDDAMARAIAH, R/AT HUCHEGWDANAPALYA VILLAGE, T. BEGUR POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123.

…RESPONDENT (BY SRI. HONAKHANDE BASAGOWDA PANDIT, ADVOCATE) THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.30.06.2025 PASSED ON IA NO.2 AND XVI IN O.S.NO.243/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, ALLOWING IA NO.2 AND XVI FILED U/O.39 RULE 1 AND 2 OF CPC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the appellants/defendants questioning the order dated 30.06.2025 passed on I.A.Nos.II & XVI filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.243/2017 on the file of II Addl. Senior Civil Judge & JMFC., at Nelamangala, thereby, the order of temporary injunction is granted restraining the defendants from alienating the suit schedule property.

2. The suit is filed for specific performance of the agreement dated 02.08.2016. The subject matter in the agreement and the schedule shown in the plaint is described as follows:

SUIT SCHEDULE PROPERTY “All that piece and parcel of land in Sy No.252/1 measuring 0-20 guntas situated at T.Beguru Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District, bounded East by: remaining land in the above land West by: remaining land in the above land in the above survey number belonging to M.Thimmarayappa sold, in favour Ramanna M measuring 0.15 guntas North by: remaining land belonging to Thimmarayappa, South by : road and land of M.

Thimmarayappa”.

3. Learned counsel for the appellants/defendants submitted that when the order of temporary injunction is only in regard to 0.20 guntas of land, but the Revenue Authorities have made remark/entry in the RTC extract produced from the year 2017-18 to 2023-24 that there is an interim order of injunction to the whole 5 acres 20 guntas. Therefore, he prays for clarification that the said order of temporary injunction shall be effected in the records only to the extent of 0.20 guntas and undertakes that he will not alienate 0.20 guntas of land till the disposal of the suit.

4. Learned counsel for the respondent/plaintiff opposed the submission and submitted that in the revenue entry made in the RTC extract, the entry is in respect to OS.No.107/2017, but the instant suit is O.S.No.243/2017 and the entry mad