BENGALURU- 560 086 v. SRI. D.B.SATISH, ADVOCATE FOR R2)

SRI. VINEETH KUMAR. M. G. S/O. LATE MURTHY T. M. S, AGED ABOUT 36 YEARS, RESIDING AT NO. 43, 1ST FLOOR, 3RD 'B' CROSS, SATHYANARAYANA LAYOUT, 2ND STAGE, MAHALAKSHMIPURAM BENGALURU- 560 011. (BY SRI. JAYARAJ D S., ADVOCATE) AND:

SMT. GIRIJA. M W/O. LATE MURTHY T. M. S, AGED ABOUT 65 YEARS, RESIDING AT NO. 43, GROUND FLOOR, 3RD 'B' CROSS, SATHYANARAYANA LAYOUT, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU- 560 086 …PETITIONER

SRI. MAHADEVA. R, S/O. RUDRAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO. 705, 4TH MAIN ROAD, 7TH 'B' CROSS, GRUHALAKSHMI LAYOUT, NELAGADARANAHALLI, NAGASANDRA POST, BENGALURU- 560 073. (BY SRI. KRISHNAMURTHY.M.R, ADVOCATE FOR R1; SRI. D.B.SATISH, ADVOCATE FOR R2) …RESPONDENTS GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:40047 WP No. 30089 of 2025 HC-KAR THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S. NO. 5202/2025 PENDING ADJUDICATION ON THE FILE OF THE HONBLE COURT OF XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU VIDE ANNEXURE- A2., AND QUASH THE IMPUGNED ORDER DATED 25.09.2025 PASSED BY THE HONBLE COURT OF XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO.5202/2025 IN IA NO.4 VIDE ANNEXURE A2 AND ACCORDINGLY, RESTRAIN THE DEFENDANT NO.2 FROM PUTTING UP FURTHER CONSTRUCTION/ DEVELOPING IN WHATSOEVER NATURE OVER 50 PERCENT SHARE OF THE PLAINTIFF IN RESPECT OF ITEM NO.2 OF THE SUIT SCHEDULE PROPERTIES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Petitioner/Plaintiff has filed this petition for the following reliefs: (a) Call for the entire records in O.S. No. 5202/2025 pending adjudication on the file of the - 3 - NC: 2025:KHC:40047 WP No. 30089 of 2025 HC-KAR Hon'ble Court of XLIV Additional City Civil and Sessions Judge Bengaluru vide ANNEXURE - A2; (b) Issue a writ in the nature of certiorari or any other appropriate writ/s or order/s quashing the impugned order dated 25.09.2025 passed by the Hon'ble Court of XLIV Additional City Civil and Sessions Judge, Bengaluru in O.S.No.5202/2025 in IA No.4 vide ANNEXURE - A2 and accordingly, restrain the defendant No. 2 further construction/developing in whatsoever nature over 50% share of the plaintiff in respect of item No. 2 of the suit schedule properties; and from putting up (c) Issue any other appropriate writ/s or order/s as this Hon'ble Court deems fit to pass considering the present facts and circumstances of the case inclusive of costs in the interest of justice and equity.

2. During the pendency of this petition, this court passed an order dated 30.09.2025, as follows:

2. In addition, learned counsel for the petitioner is permitted to serve the respondents through the counsel appearing for the respondents before the Trial Court and file proof of such service before the next date of hearing, indicating the name of the counsel on whom the service is made.

Learned counsel for the petitioner seeking for grant of interim reliefs submits that I.A. No.4 has been filed to restrain the defendants from putting up any construction/developing the suit property and that the said application although having been heard on various dates, no orders were passed by the Trial - 4 - NC: 2025:KHC:40047 WP No. 30089 of 2025 HC-KAR Court till date and that the matter is posted on 09.10.2025 for orders on the application. putting

It is further submitted that the defendants are pending construction aggressively I.A. No.4 and photographs consideration of demonstrating the construction being put up have been annexed as Annexures T to W in the present writ petition.

In view of the aforementioned, respondents are restrained from putting up further construction in the item No.2 of the suit property till the next date of hearing.

Liberty is reserved to the respondents to seek for modification / variation of this order.

3. It is submitted by learned counsel for the petitioner as well as learned counsel for the respondent Nos.1 and 2, who are the defendants before the trial Court, that the parties to the proceedings have argued the matter on IA No.4, which is the subject matter before this Court in detail and the trial Court has reserved the matter for pronouncing the orders on the said application. This being the case, it may not be required for this Court to proceed further in the matter to hearing on IA for vacating - 5 - NC: 2025:KHC:40047 WP No. 30089 of 2025 HC-KAR the interim order as the trial Court has already heard all the parties concerned in suit proceedings on IA.No.4.

4. Interim order is passed by this Court with a direction to respondent No.2 from putting up further construction in Item No.2 of the suit schedule property. The same shall be continued till the pronouncement of orders by the trial Court, on I.A.No.4 which is scheduled to be listed on 16.10.2025.

5. Under the circumstances, this Court deems it appropriate to dispose of this matter in the following manner. ORDER The interim order passed by this Court shall continue till disposal of IA No.4 before the trial Court.