M/S. the Hamlet Vs Sri. Ashwathanarayana — Writ and Judicial Review | Karnataka HC (2026)

M/S. the Hamlet Vs Sri. Ashwathanarayana — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitions disposed of without expressing any opinion on merits: Trial Court directed to dispose of O.S.No.36/2006 within one year of receipt of copy of the order, uninfluenced by the impugned order's observations; I.A.No.2/2024 (status quo violation/contempt) disposed of with liberty to the petitioners to file a similar application before the Trial Court; all rival contentions left open; interim status quo order extended till disposal of the suit.

Issue for consideration

Whether the order dated 23.02.2024 in Miscellaneous Appeal No.15022/2023 (W.P.No.7086/2024) / No.15021/2023 (W.P.No.7067/2024) and the order dated 31.08.2023 in O.S.No.36/2006 ought to be set aside and I.A.No.26 / I.A.No.25 allowed as prayed for. +2 more

Court's answer

Both writ petitions are disposed of, directing the Trial Court to dispose of the suit (O.S.No.36/2006) within a period of one year from the date of receipt of a copy of the order, without being influenced by the observations made in the impugned order.

Ratio / Principle

I.A.No.2/2024 filed in W.P.No.7086/2024 (alleged violation of the status quo order) is disposed of, reserving liberty to the petitioners to file a similar application before the Trial Court, which shall consider it in accordance with law.

Key takeaways

All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on the merits or demerits of the rival contentions; they are to be urged before the Trial Court.ratio¶116
The interim order (status quo) passed in both petitions shall stand extended till disposal of the suit before the Trial Court.ratio¶117

Detailed headnote1 paragraphs

High Court of Karnataka (S.R. Krishna Kumar, J.), by oral order dated 11.02.2026, disposed of two writ petitions under Article 227 of the Constitution filed by M/s. The Hamlet, a registered partnership firm, challenging the order dated 23.02.2024 in Miscellaneous Appeal Nos. 15021/2023 and 15022/2023 (V Addl. District Judge, Bengaluru Rural District sitting at Devanahalli) and the order dated 31.08.2023 in O.S.No.36/2006 (III Addl. Senior Civil Judge and JMFC, Devanahalli). Observing that several contentious issues and disputed questions of fact and law arose between the parties requiring decision by the Trial Court after a full-fledged trial, the Court declined to set aside the impugned orders itself: it disposed of the petitions directing the Trial Court to conclude the suit within one year without being influenced by the impugned order, left all rival contentions open, extended the interim status quo order (dated 12.03.2024) till disposal of the suit, and disposed of I.A.No.2/2024 alleging willful breach of the status quo order with liberty to the petitioners to move the Trial Court afresh. Notice to respondent Nos.1 to 13 had been dispensed with; respondent No.14 (caveator, Mrs. Azra Khanum) alone was represented through counsel.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION NO. 7086 OF 2024 (GM-CPC)

C/W

WRIT PETITION NO. 7067 OF 2024 (GM-CPC)

IN WP No. 7086/2024

BETWEEN:

M/S. THE HAMLET A REGISTERED PARTNERSHIP FIRM, REGISTERED UNDER PARTNERSHIP ACT, NO.11, KEMWELL HOUSE, TUMKUR ROAD, YESHWANTHAPURA – 560 022, REPRESENTED BY ITS PARTNER, S.R. CHANDAK, AGED ABOUT 75 YEARS

…PETITIONER

Digitally signed by CHANDANA B M Location: High Court of Karnataka

(BY SRI. MANMOHAN P .N., ADVOCATE)

AND:

SRI. ASHWATHANARAYANA, S/O. LATE ANJINAPPA, AGED ABOUT 53 YEARS, RESIDING AT JALA HOBLI, BENGALURU NORTH TALUK – 562 157.

SMT. PARVATHAMMA D/O. LATE ANJINAPPA, AGED ABOUT 49 YEARS, RESIDING AT 3^RD MAIN, POLICE STATION ROAD, HEBBAL, BANGALORE – 560 025.

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SMT. ASHWATHAMMA D/O. LATE ANJINAPPA, W/O. LATE KEMPEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT KOLIPURA VILLAGE, HUTTANAHALLI POST, BANGALORE NORTH TALUK – 562 157.

H. M. KRISHNAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE,

NARAYANAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE,

M. D. RAJANNA S/O. DODDAMUNIYAPPA, MAJOR IN AGE,

ASHWATHAPPA S/O. APPANNA, MAJOR IN AGE,

RESPONDENT NOs. 4 TO 7 ARE RESIDING AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157.

M/S. NANDI ESTATES BEING THE REAL ESTATE AGENCY, NO. 7/2, BAJJI CENTRE, (NEAR HOTEL MANU), SAJJAN RAO ROAD, V.V. PURAM, BANGALORE – 560 004, REPRESENTED BY ITS PARTNER, SRI. P. S. SEETHARAMAIAH.

SRI. NARAYANASWAMY S/O. LATE APPANNA, AGED ABOUT 40 YEARS,

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SRI. MANJUNATH S/O. LATE APPANNA, AGED ABOUT 39 YEARS,

BOTH RESPONDENT NO.9 AND 10 ARE RESIDING AT KYATHAVAR HOSAHALLI VILLAGE, SIDDLAGHATTA TALUK, KOLARA DISTRICT – 560 125.

SRI. DEVARAJ S/O. LATE APPANNA, AGED ABOUT 31 YEARS, R/AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157.

SRI. MUNEGOWDA S/O. LATE APPANNA, AGED ABOUT 26 YEARS, XEROX SHOP, TALUK OFFICE BUILDING, YELAHANKA UPANAGARA, YALAHANKA – 560 064.

SMT. RATHNAMMA D/O. LATE APPANNA, W/O. SHAMANNA, AGED ABOUT 24 YEARS, R/AT INDRASANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK – 562 110.

MRS. AZRA KHANUM D/O. REHMAN KHAN, AGED ABOUT 45 YEARS, R/AT NO. 534, 3^RD CROSS, 2^ND BLOCK, R.T. NAGAR, BANGALORE – 560 032.

…RESPONDENTS

(BY SRI. VISHWANATH R. HEGDE, ADVOCATE FOR C / R14; VIDE ORDER DATED 12.03.2024, NOTICE TO R1 TO R13 IS DISPENSED WITH)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 23.02.2024 PASSED IN MISCELLANEOUS APPEAL NO. 15022/2023 BY THE V ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI (PRODUCED AS ANNEXURE-K) AND THE ORDER DTD 31.08.2023 PASSED IN O.S.NO. 36/2006 PENDING ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI (PRODUCED AS ANNEXURE-G) AND CONSEQUENTLY ALLOW IA NO. 26 AS PRAYED FOR (PRODUCED AS ANNEXURE-F).

IN WP NO. 7067/2024

BETWEEN:

M/S. THE HAMLET A REGISTERED PARTNERSHIP FIRM, NO 11, KEMWELL HOUSE, TUMKUR ROAD, YESHWANTHAPURA – 560 022 REPRESENTED BY ITS PARTNER S. R. CHANDAK

...PETITIONER

(BY SRI. MANMOHAN P. N., ADVOCATE)

AND:

SRI. ASHWATHANARAYANA, S/O. LATE ANJINAPPA, AGED ABOUT 53 YEARS, RESIDING AT JALA HOBLI, BENGALURU NORTH TALUK – 562 157.

SMT. PARVATHAMMA D/O. LATE ANJINAPPA, AGED ABOUT 49 YEARS, RESIDING AT 3^RD MAIN, POLICE STATION ROAD, HEBBAL, BANGALORE – 560 025.

SMT. ASHWATHAMMA D/O. LATE ANJINAPPA, W/O. LATE KEMPEGOWDA, AGED ABOUT 45 YEARS,

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RESIDING AT KOLIPURA VILLAGE, HUTTANAHALLI POST, BANGALORE NORTH TALUK – 562 157.

H. M. KRISHNAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE,

NARAYANAPPA S/O. DODDAMUNIYAPPA, MAJOR IN AGE,

M. D. RAJANNA S/O. DODDAMUNIYAPPA, MAJOR IN AGE,

ASHWATHAPPA S/O. APPANNA, MAJOR IN AGE,

RESPONDENT NOs. 4 TO 7 ARE RESIDING AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157.

M/S. NANDI ESTATES BEING THE REAL ESTATE AGENCY, NO. 7/2, BAJJI CENTRE, (NEAR HOTEL MANU), SAJJAN RAO ROAD, V.V. PURAM, BANGALORE – 560 004, REPRESENTED BY ITS PARTNER, SRI. P. S. SEETHARAMAIAH.

SRI. NARAYANASWAMY S/O. LATE APPANNA, AGED ABOUT 40 YEARS,

SRI. MANJUNATH S/O. LATE APPANNA, AGED ABOUT 39 YEARS,

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BOTH RESPONDENT NO.9 AND 10 ARE RESIDING AT KYATHAVAR HOSAHALLI VILLAGE, SIDDLAGHATTA TALUK, KOLARA DISTRICT – 560 125.

SRI. DEVARAJ S/O. LATE APPANNA, AGED ABOUT 31 YEARS, R/AT MEENUKUNTE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK – 562 157.

SRI. MUNEGOWDA S/O. LATE APPANNA, AGED ABOUT 26 YEARS, XEROX SHOP, TALUK OFFICE BUILDING, YELAHANKA UPANAGARA, YALAHANKA – 560 064.

SMT. RATHNAMMA D/O. LATE APPANNA, W/O. SHAMANNA, AGED ABOUT 24 YEARS, R/AT INDRASANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK – 562 110.

MRS. AZRA KHANUM D/O. REHMAN KHAN, AGED ABOUT 45 YEARS, R/AT NO. 534, 3^RD CROSS, 2^ND BLOCK, R.T. NAGAR, BANGALORE – 560 032.

…RESPONDENTS

(BY SRI. VISHWANATH R. HEGDE, ADVOCATE FOR C / R14; VIDE ORDER DATED 12.03.2024, NOTICE TO R1 TO R13 IS DISPENSED WITH)

THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 23.02.2024 PASSED IN MISCELLANEOUS APPEAL NO. 15021/2023 BY THE V ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT SITTING AT DEVANAHALLI (PRODUCED AS

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ANNEXURE-K) AND THE ORDER DTD 31.08.2023 PASSED IN OS NO. 36/2006 PENDING ON THE FILE OF III ADDL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI (PRODUCED AS ANNEXURE-G) AND CONSEQUENTLY ALLOW IA NO. 25 AS PRAYED FOR (PRODUCED AS ANNEXURE-E).

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

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In W.P.No.7086/2024, the petitioners seek the following

reliefs:

“i) Set aside the Order dated 23.02.2024 passed in Miscellaneous Appeal No.15022/2023 by the V Additional District Judge, Bengaluru Rural District sitting at Devanahalli (Produced as Annexure-“K” ) and the order dated 31.08.2023 passed in O.S.No.36/2006 pending on the file of III Additional Senior Civil Judge and JMfc, Devanahalli (produced as Annexure-“G”) and consequently allow IA No.26 as prayed for (produced as Annexure-“F”); and

(ii) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.”

In W.P.No.7067/2024, the petitioners seek the

following reliefs:

“i) Set aside the Order dated 23.02.2024 passed in Miscellaneous Appeal No.15021/2023 by the V Additional

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District Judge, Bengaluru Rural District sitting at Devanahalli (produced as Annexure-“K” ) and the order dated 31.08.2023 passed in O.S.No.36/2006 pending on the file of III Additional Senior Civil Judge and JMFC, Devanahalli (Produced as Annexure-“G” ) and consequently allow IA No.25 as prayed for (produced as Annexure-“E” ) and

(ii) Pass such other and further orders as deemed fit in the facts and circumstances of the case in the interest of justice and equity.”

Heard learned counsel for the petitioners and learned counsel for caveator-respondent No.14 and perused the material on record.

When the matters came up before this court on 12.03.2024 in W.P.No.7086/2024 as well as in W.P.No.7067/2024, this court passed the following interim order.

“Notice to respondent Nos.1 to 13 is dispensed with at the risk of the petitioner.

Learned counsel for respondent No.14 seeks time to file objections.

Re-list on 03.04.2024.

Statement of objections to be filed by the next date of hearing.

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In the meanwhile, petitioner and respondent No.14 are directed to maintain status-quo in all respects as on today, in relation to the suit schedule property, till the next date of hearing.

Liberty is reserved in favour of the respondent/s to seek vacation / modification of this order.”

The said interim order continues to remain in force and operate between the parties even till today, in both petitions. In addition thereto, the petitioners filed application, I.A.No.2/2024 in W.P.No.7086/2024 inter alia contending that the respondents had violated the aforesaid order of status quo willfully and deliberately and committed contempt/disobedience of the aforesaid order of status quo passed by this Court and that appropriate action may be initiated against the respondents in this regard.

The said application is vehemently opposed by the learned counsel for respondent No.14.

Though several contentions have been urged by both sides in support of their respective claims, the material on record discloses that there are several contentious issues and disputed questions of fact and law that arises for consideration between the parties, which would necessarily have to be decided by the Trial

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Court only after a full fledged trial, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of these petitions leaving open all contentions between the parties to be urged before the Trial Court and the same shall be considered by the Trial Court, in accordance with law without being influenced by the impugned order and also by directing the Trial Court to dispose of the suit within a period of one year from the date of receipt of a copy of this order.

In the result, I pass the following:

ORDER

(i) The petitions are disposed of directing the Trial Court to dispose of the suit, within a period of one year from the date of receipt of a copy of this order without being influenced by the observations made in the impugned order.

(ii) Insofar as I.A.No.2/2024 filed in W.P.No.7086/2024

is concerned, the same is disposed of reserving liberty in favour of the petitioners to file similar application before the Trial Court, which shall be

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considered by the Trial Court, in accordance with law.

(iii) All rival contentions on all aspects of the matter are

kept/left open and no opinion is expressed on merits/demerits of the rival contentions.

(iv) In addition thereto, the aforesaid interim order in both the petitions shall stand extended till disposal of the suit before the Trial court.

Sd/(S.R.KRISHNA KUMAR) JUDGE

BMC

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