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2026 DAILYLAW 1020 (KAR)

SMT. VIDYASHREE v. BHARGAV A V

WP/6199/2026 · 2026-02-26

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12295 WP No. 6199 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 6199 OF 2026 (GM-CPC) BETWEEN: SMT. VIDYASHREE W/O. BHARGAV A.V. AGED ABOUT 34 YEARS, R/AT. KURUHATTI, C/O. TAYANNA, KURUHATTI, BELLARY-583131 (MOB 7204388492) PRESENTLY R/AT. CARE OF THAYANNA SHETTY, NO.2, PLOT NO.21, 1ST CROSS, GANESH NAGAR COLONY, OPP. GALI JANARDHANREDDY’S HOUSE, BALLARI 583 101. …PETITIONER (BY SRI. SIDDARAMAIAH V.B., ADVOCATE) AND: 1. BHARGAV A V S/O. A.G. VENKATESH MURTHY, AGED ABOUT 38 YEARS, R/O. 708/A, 8TH MAIN, P.J. EXTENSION, DAVANAGERE - 577 002. 2. MOTHILAL OSWAL AUTHORIZED BUSINESS PERSON, NO.639/4A-1, 1ST FLOOR, OPPOSITE VIVAHA CARDS, BINNY COMPANY ROAD, DAVANAGERE – 577 001. 3. THE KOTAK MAHINDRA BANK, DAVANAGERE MAIN BRANCH, Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12295 WP No. 6199 of 2026 CHAMARAJPETE, DAVANAGERE - 577 001 REP. BY ITS MANAGER. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER TO SET-ASIDE THE ORDER DATED 29.12.2022, PASSED ON IA NO. III AND IV, PASSED BY THE IV ADDITIONAL CIVIL JUDGE AND JMFC AT DAVANAGERE, IN OS NO.15/2023 (VACATION OS NO.57/2022 ON THE FILE OF PRINCIPLE CIVIL JUDGE AND JMFC, DAVANAGERE, (VACATION BENCH) FILED BY THE RESPONDENT-1/PLAINTIFF FOR TEMPORARY INJUNCTION, PASSED IN THE ORDER SHEET VIDE, ANNEXURE - K. 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, petitioner seeks the following reliefs: a. Issue a Writ of Certiorari or any other writ or order to set-aside the Order dated 29.12.2022, passed on IA No. III & IV, passed by the IV Additional Civil Judge & JMFC at Davanagere, in OS No.15/2023 (vacation OS No.57/2022 on the file of Principle Civil Judge & JMFC, Davanagere, (Vacation Bench)) filed by the Respondent-1/Plaintiff for Temporary injunction, passed in the order sheet vide, Annexure - K. b. Pass such other orders, as the Petitioners is entitled to in the facts and circumstances of the case, including the costs of the proceedings, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:12295 WP No. 6199 of 2026 2. Heard learned counsel for the petitioner and perused the material on record. 3. The limited grievance of the petitioner in the present petition is that the application I.A.Nos.III and IV filed by the respondent No.1- plaintiff on the file of the IV Additional Civil Judge and JMFC, Davanagere in O.S.No.15/2023, are still pending consideration as on today and as such, the present petition may be disposed of directing the trial Court to dispose of I.A.Nos.III and IV as expeditiously as possible. 4. The aforesaid submission is placed on record. 5. Under the aforesaid facts and circumstances, without expressing any opinion on merits/demerits of the rival contentions, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. - 4 - HC-KAR NC: 2026:KHC:12295 WP No. 6199 of 2026 ii) The Trial Court is directed to dispose of I.A.Nos.III and IV as expeditiously as possible within a period of one month from the date of receipt of a copy of this order. 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. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 104