Sri B L Shankarappa Vs Sri B M Vijetha — Writ and Judicial Review | Karnataka HC (2026)

Sri B L Shankarappa Vs Sri B M Vijetha — Writ and Judicial Review | Karnataka HC (2026)

NC: 2026:KHC:16596 WP No. 9087 of 2026

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9087 OF 2026 (GM-CPC)

BETWEEN:

SRI. B.L. SHANKARAPPA S/O LATE B.M. LAKSHMANAPPA AGED ABOUT 75 YEARS R/AT NO.643, 10^TH ‘A’ CROSS ROAD 2^ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM BENGALURU-560 086

…PETITIONER

(BY SRI. SRIKAR KRISHNA B.R FOR SRI. SAMPATH A, ADVOCATES)

AND:

Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

SRI. B.M. VIJETHA S/O B.L. MANOHAR AGED ABOUT 39 YEARS R/AT NO.114, 4TH 'B' MAIN ROAD MAHALAKSHMI LAYOUT BENGALURU-560 086

SMT. B.M. SHWETHA D/O B.L. MANOHAR W/O N. NEERUP KUMAR AGED ABOUT 36 YEARS R/AT NO.128, VAJRAHALLI THALAGHATTAPURA POST BENGALURU-560 109

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SRI. B.M. SUMANTH S/O B.L. MANOHAR AGED ABOUT 28 YEARS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. ASHA W/O B.L. MANOHAR R/AT NO.114, 4^TH ‘B’ MAIN ROAD MAHALAKSHMI LAYOUT BENGALURU-560 086

SMT. B.N. ROOPA D/O B.L. NAGARAJ W/O DARSHAN AGED ABOUT 44 YEARS R/AT NO.47, 1^ST MAIN, 1^ST CROSS KATTIGENAHALLI, YELAHANKA BENGALURU-560 064

SMT. B.N. DEEPA D/O B.L. NAGARAJ W/O GOVARDAN AGED ABOUT 40 YEARS R/AT “LAKSHMI VENKATESHWARA NILAYA”, NO.1, 1^ST FLOOR 2^ND MAIN, 2^ND CROSS SHOMESHWARANAGAR JAYANAGAR 1^ST BLOCK BENGALURU-560 011

SRI. B.L. NAGARAJU S/O LATE B.M. LAKSHMANAPPA AGED ABOUT 67 YEARS R/AT NO.40/19-B, 4^TH CROSS GANESHA BLOCK, MAHALAKSHMI LAYOUT FURTHER EXTENSION BENGALURU-560 086

SRI. B.L. MANOHAR S/O LATE B.M. LAKSHMANAPPA

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AGED ABOUT 63 YEARS R/AT NO.114, 4^TH ‘B’ MAIN ROAD MAHALAKSHMI LAYOUT FURTHER EXTENSION BENGALURU-560 086

SMT. L. SUSHEELAMMA D/O LATE B.M. LAKSHMANAPPA W/O G. NAGENDRA AGED ABOUT 72 YEARS R/AT NO.180, 3^RD CROSS SOMESHWARA LAYOUT, HALASURU BENGALURU-560 008

SMT. L. UMADEVI D/O LATE B.M. LAKSHMANAPPA W/O M. MUNIRAJU AGED ABOUT 69 YEARS R/AT NO. 179, GEDDALAHALLI NEAR BDA PARK, SANJAYNAGAR BENGALURU-560 094

SRI. J. SUDHEER S/O B. JAYARAM AND LATE SMT. L. GANGADEVI AGED ABOUT 50 YEARS R/AT NO.304, 9^TH 'B' CROSS ANJANEYASWAMY TEMPLE VIRUPAKSHAPURA, KODIGEHALLI VIDYARANYAPURA POST BENGALURU-560 097

SMT. J. SUNITHA D/O B. JARAYAM AND LATE SMT. L. GANGADEVI W/O. C.N. DRISHNAN AGED ABOUT 52 YEARS R/AT NO. 1695, PAVANAGANGA ‘C’ BLOCK, ANJANI EXTENSION

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CHINTAMANI-563 125 CHIKKABALLAPURA DISTRICT

SMT. V. PADMAVATHI W/O B.L. SHANKARAPPA AGED ABOUT 64 YEARS

SRI. B.S. ANIL KUMAR W/O B.L. SHANKARAPPA AGED ABOUT 42 YEARS

RESPONDENT NOs.12 AND 13 ARE R/AT NO.643, 10^TH ‘A’ CROSS ROAD 2^ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM BENGALURU-560 086

SMT. B.S. SAVITHA D/O B.L. SHANKARAPPA W/O S. SRIDHAR AGED ABOUT 46 YEARS R/AT NO.462, 18^TH MAIN 80 FT. ROAD, IDEAL HOMES LAYOUT RAJARAJESHWARINAGARA BENGALURU-560 086

SMT. B.S. SANGEETHA D/O. B.L. SHANKARAPPA AGED ABOUT 40 YEARS R/AT NO.9, 2^ND BLOCK 2^ND CROSS, 80 FT. ROAD H.R.B.R. LAYOUT, BANASWADI BENGALURU-560 043

M/S. SKYMETAL DEVELOPERS PVT. LTD., REPRESENTED BY KAILASH CHANDRAMISHRA REGISTERED OFFICE NO.G-27 GROUND FLOOR, RASVILAS SALCON MALL

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SAKAT DISTRICT CENTRE SAKET, DELHI-110 017

SRI S.S. NANDY S/O. R.R. NANDY AGED ABOUT 67 YEARS R/AT NO.137/138, UDAYNAGAR 2^ND MAIN, 5^TH CROSS BENGALURU-560 064

M/S. BHUWALKA AND SONS PVT. LTD. CO., REGISTERED OFFICE AT BHUWALKA LANDMARK, NO.5, WALKER LANE LANGFORD TOWN ROAD RICHMOND TOWN BENGALURU-560 025

REPRESENTED BY ITS DIRECTOR SRI. KISHEN BHUWALKA AGED ABOUT 60 YEARS S/O BALCHAND BHUWALKA R/AT NO.214, DOUBLE ROAD INDIRANAGAR, 2^ND STAGE BENGALURU-560 038

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED FIRST ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-2) BENGALURU TO PASS ORDERS ON IA NO. I, VIDE ANNX-D FILED IN O.S NO. 5266/2022 AT THE EARLIEST, NOT LATER THAN ONE MONTH.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

This writ petition is filed by defendant No.1 under Article 227 of the Constitution of India, seeking a direction to the trial Court to dispose of the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 r/w. Section 151 of the Code of Civil Procedure, as well as the application filed by the petitioner/defendant No. 1 under Order XXXIX Rule 4 of the CPC.

The plaintiffs have filed a suit in O.S. No. 5266/2022 for partition and separate possession. Along with the plaint, they filed applications under Order XXXIX Rules 1 and 2 seeking ex parte temporary injunction. The trial Court, by order dated 16.08.2022, granted an exparte temporary injunction to the extent of IA No.1.

Upon appearance, defendant No. 12 filed a written statement and also filed I.A. No. 3 seeking to vacate the ex-parte interim order. For one reason or another, the matter has been adjourned repeatedly. Thereafter, the

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matter was heard on the applications, and by order dated 06.11.2025, it was posted for orders on I.A. Nos. 1 to 3 and directed to be listed on 20.11.2025. However, for various reasons, the matter has continued to be adjourned, and no order has been passed on I.A. Nos. 1 to 3. Therefore, the petitioner seeks early disposal of the applications.

In view of the above, without expressing any opinion on the merits of the case, this writ petition stands disposed of with a direction to the trial Court to dispose of I.A. Nos. 1 to 3 by the end of April 2026.

Sd/(H.T. NARENDRA PRASAD) JUDGE

List No.: 1 Sl No.: 39

CM