BENGALURU-560 092 v. SMT. SWAMINI GANESH MOHANAMBAL, ADV. FOR R-4 & R-5)

SRI.K.R.LAKSHMINARAYANA, S/O. LATE K H RAMAKRISHNAPPA, AGE 53 YEARS, OCC: AGRICULTURIST. SRI.K.R.JAYARAM, S/O. LATE K H RAMAKRISHNAPPA, AGE: 47 YEARS, OCC: AGRICULTURIST. ALL ARE RESIDENTS OF NO.1663 SRI. MARUTHI FARM, NEAR IMPACT ENGINEERING COLLEGE AMCO LAYOUT, SAHAKARNAGAR POST KODIGEHALLI BENGALURU – 560 092. SRI.K.A.NARENDRA BABU, S/O K.H.ANJINAPPA, AGE 56 YEARS, OCC: BUSINESS, NO.8, VENKATAMMA LAYOUT, TINDLU MAIN ROAD, VIDYARANYAPURA POST, BENGALURU 560 097.

5. SIDDAGANGADHARA A, S/O K.H.ANJINAPPA, AGE: 69 YEARS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2026:KHC:287 WP No. 38946 of 2025 HC-KAR OCC: AGRICULTURE, R/O NO.1662, FARM HOUSE NEAR IMPACT COLLEGE, AMCO LAYOUT, KODIGEHALLI, BENGALURU-560 092.

6. SRI.SHIVASHANKAR, S/O K.H.ANJINAPPA, AGE: 59 YEARS, R/O NO.547/4, 1ST FLOOR ‘A’ BLOCK, SAHAKARNAGAR, BENGALURU-560 092. …PETITIONERS (BY SRI. CHANDRASHEKAR C. CHANASPUR, ADVOCATE) AND:

DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU - 560 001.

4. THE TAHASILDAR, BENGALURU NORTH (ADDL) TALUK, YELAHANKA, BENGALURU- 560 064. JOINT COMMISSIONER, (ZONE-I & ADMINISTRATION) GRATER BANGALORE AUTHORITY, BANGALORE NORTH CITY CORPORATION, AMRUTHAHALLI MAIN ROAD, BYTARAYAPURA, BENGALURU - 560 092. ARMED FORCES SPECIAL OPERATIONS DIVISION, HEAD QUARTERS LAND OFFICER, MILITARY DIARY FARM, SY.NO.15 AND 16 OF KODIGEHALLI, HEBBAL, BENGALURU- 560 092, REPRESENTED BY ITS CARNAL. AND OFFICE AT BALLARI ROAD, SANJEEVINI NAGAR, HEBBAL, BENGALURU 560 024.

5. UNION OF INDIA, MINISTRY OF DEFENSE, - 3 - NC: 2026:KHC:287 WP No. 38946 of 2025 HC-KAR SOUTH BLOCK, NEW DELHI-110 001. (BY SRI. H. SHANTHI BHUSHAN, DSGI FOR R-1 & R-2; SRI. PAVAN KUMAR, ADVOCATE FOR R-3; SMT. SWAMINI GANESH MOHANAMBAL, ADV. FOR R-4 & R-5) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN ORDER OF INJUNCTION RESTRAINING RESPONDENT NO.4 FROM BLOCKING OF THE ROAD OR CONSTRUCT THE WALL ON THE MIDDLE OF THE EXISTING ROAD I.E., TOWARDS THE SOUTHERN SIDE OF SY.NO.15, 16 AND NORTHERN SIDE OF SY.NO.27, 25 AND 24 OF THE KODIGEHALLI VILLAGE YELAHANKA HOBLI, YELAHANKA TALUK, BANGALORE DISTRICT I.E., OVER THE SUIT SCHEDULE A PROPERTY TILL THE DISPOSAL OF THE IA BY THE TRIAL COURT IN THE PENDING CASE BEARING O.S.NO.9023/2025 PENDING BEFORE THE VIII ADDL CITY CIVIL COURT BANGALORE (CCH-15). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “i) Issue any writ or any other order or direction granting an order of injunction restraining the respondent No.4 from blocking of the road or construct the wall on the middle of the existing road i.e., towards the southern side of Sy.No. 15, 16 and Northern side of Sy.No.27, 25 and 24 of the Kodigehalli Village, Yelahanka Hobli, Yelahanka Taluk, Bangalore District i.e., over the suit schedule A property till the disposal of the IA by the Trial Court in the pending case bearing O.S.No.9023/2025 pending before the VIII Addl. City Civil Court, Bangalore (CCH-15). - 4 - NC: 2026:KHC:287 WP No. 38946 of 2025 HC-KAR ii) Grant such other and further reliefs as just and proper in the facts and circumstances of the case.”

Heard learned counsel for the petitioners and learned DSGI for respondent Nos.1 and 2 and learned counsel for respondent Nos.3 to 5 and perused the material on record.

Though several contentions have been urged by both sides in support of their respective claims, it is an undisputed fact as borne out from the material on record that in the suit filed by the petitioners / plaintiffs, the Trial Court directed issuance of suit summons and emergent notice to the respondents – defendants and posted the matter to this day i.e., 05.01.2026 for appearance of the unserved respondents.

Learned counsel for the petitioners submits that he will serve copies of the suit papers along with documents on defendant Nos.4 and 5 and the Trial Court may be directed to prepone / advance the matter from 05.02.2026 to the earliest possible date so as to enable respondent Nos.4 and 5 / defendant Nos.4 and 5 to file their written statement, objections, documents, etc., and direct - 5 - NC: 2026:KHC:287 WP No. 38946 of 2025 HC-KAR the Trial Court to dispose of I.A.No.2 for temporary injunction as expeditiously as possible.

Per contra, learned counsel for respondent Nos.4 and 5 submits that if petitioners – plaintiffs serves copies of the suit papers along with application, documents, etc., respondent Nos.4 and 5 / defendant Nos.4 and 5 shall file their response to the same and the Trial Court may be directed to proceed further in accordance with law.

In view of the aforesaid facts and circumstances and submissions made by both sides, I deem it just and appropriate to dispose of this petition by issuing certain directions.