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2025 DAILYLAW 86050 (KAR)

SRI.R.RAVINDRA REDDY v. SMT.SOWBHAGYA S

WP/12403/2025 · 2025-08-20

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32403 WP No. 12403 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12403 OF 2025 (GM-CPC) BETWEEN: SRI. R. RAVINDRA REDDY S/O LATE RASA REDDY AGED ABOUT 64 YEARS RESIDING AT YARANDAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT-562105. …PETITIONER (BY SRI. DAYALU K.N., ADVOCATE) AND: 1. SMT. SOWBHAGYA S W/O. LATE JAGANNATH REDDY AGED ABOUT 59 YEARS 2. SRI. JAYANATH J S/O. LATE JAGANNATH REDDY AGED ABOUT 32 YEARS RESPONDENT NOS.1 AND 2 ARE RESIDING AT KEERTHI LAYOUT CHANDAPURA, ATTIBELE HOBLI, ANEKAL TALUK BANGALORE DISTRICT-560098. 3. SRI. R. NANJA REDDY S/O. LATE RASA REDDY AGED ABOUT 70 YEARS SURVEY NO.8/20, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32403 WP No. 12403 of 2025 YARANDAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT-560105. 4. SMT. R. SAROJAMMA D/O. LATE RASA REDDY W/O. VENKATAREDDY AGED ABOUT 71 YEARS RESIDING AT NO.718 11TH CROSS, CHENNAKESHAVANAGAR ELECTRONIC CITY BANGALORE SOUTH TALUK BANGALORE-560100. 5. SMT. R. USHA D/O. RASA REDDY W/O. VENKATAREDDY AGED ABOUT 52 YEARS RESIDING AT HOUSE NO.309 2ND CROSS, TIRUMALA BAKERY ROAD CHANNASANDRA, KADUGODI BANGALORE-560067. …RESPONDENTS (BY SRI. MANJUNATH K.S., ADVOCATE FOR R1 AND R2; R4 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE LEARNED APPELLATE COURT TO DISPOSE OF THE MISCELLANEOUS APPEAL PENDING IN M.A. NO.28/2023 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL EXPEDITIOUSLY, WITHIN A TIME FRAME AS MAY BE FIXED BY THIS HON’BLE COURT, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32403 WP No. 12403 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order of the appellate court in MA No.28 of 2023 insofar as it declines stay of the order of granting of temporary injunction in favour of the plaintiffs/respondent Nos.1 and 2. 2. Heard Sri Dayalu K N, learned counsel appearing for petitioner and Sri Manjunath K S, learned counsel appearing for respondents 1 and 2. 3. The petitioner is the 2nd defendant in O.S.No.560 of 2022, the respondents 1 and 2 are the plaintiffs. The concerned Court grants an order of temporary injunction. The order of injunction was in subsistence throughout. The present petitioner files an appeal in M.A.No.28 of 2023. The appellate Court does not grant stay of the order of injunction, but directs to post the matter for hearing on the appeal itself. This is what is called in question in the subject petition. - 4 - HC-KAR NC: 2025:KHC:32403 WP No. 12403 of 2025 4. In the light of the matter being at large before the appellate Court in M.A.No.28 of 2023, there is no warrant of interference with the order that is passed by the appellate Court at this juncture. The coordinate bench of this Court had granted an interim order of status quo in respect of the petition schedule property till the next date of hearing. The said order of status quo is in subsistence even today. Hence, I deem it appropriate to dispose the petition with a direction to the appellate Court to conclude the proceedings, within an outer limit of 4 weeks from the date of receipt of the copy of this order. 5. In the light of the order of status quo granted and subsisting even today, I deem it appropriate to extend the same for a period of another 4 weeks from the date of receipt of the copy of the order. All other contentions of both the parties shall remain open to be urged before the appellate Court in the appeal proceedings. - 5 - HC-KAR NC: 2025:KHC:32403 WP No. 12403 of 2025 6. Petition stands disposed accordingly. It is made clear the order that is now granted will continue only for a period of 4 weeks. The concerned Court is at liberty to pass necessary orders in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 70