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2026 DAILYLAW 10712 (KAR)

SMT. ROOPA G D v. SRI BASAVARAJU

WP/6522/2026 · 2026-03-04

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13388 WP No. 6522 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6522 OF 2026 (GM-CPC) BETWEEN: SMT. ROOPA G D W/O. SHIVARAJU C B AGED ABOUT 42 YEARS R/AT NO.101, CHATTANAHALLI VILLAGE LALANAKERE, NAGAMANGALA TALUK MANDYA -571432. …PETITIONER (BY SRI. JAYSHAM JAYASIMHA RAO., ADVOCATE) AND: 1. SRI BASAVARAJU S/O HANUMANTHAIAH AGED ABOUT 52 YEARS 2. B H KEMPARAJ S/O HANUMANTHAIAH AGED ABOUT 54 YEARS 3. SMT. BHAGYALAKSHMI W/O BASAVARAJU AGED ABOUT 40 YEARS ALL ARE R/AT NO.46, SRI PADUKA NILAYA BETTAHALLI VILLAGE, KADABAGERE POST DASANAPURA HOBLI BENGALURU NORTH -562162. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED:12.02.2026 PASSED IN O.S NO:74/2026 BY THE LEARNED ADDL CIVIL JUDGE AND JMFC, NELAMANGALA AT ANNEXURE-K AND ETC. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13388 WP No. 6522 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. Though the petitioner has sought some reliefs in this petition, he submits that he does not wish to press the same and seeks only a direction to the Trial Court for disposal of I.A.No.1 filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC. 2. The submission is taken on record. 3. The petitioner–plaintiff has filed a suit in O.S.No.74/2026 before the Principal Civil Judge and JMFC Court, Nelamangala (hereinafter referred to as ‘Trial Court’ for short) for bare injunction. Along with the plaint, she filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC to restrain the defendants, their agents, servants or anyone claiming through or under the defendants from interfering with plaintiff’s peaceful possession and enjoyment of the schedule property, - 3 - HC-KAR NC: 2026:KHC:13388 WP No. 6522 of 2026 pending disposal of the suit. The Trial Court, by impugned order dated 12.02.2026 vide Annexure-K has not passed any interim order but issued emergent notice on I.A.No.1 and suit summons to defendants, returnable by 12.03.2026. Being aggrieved by the same, the petitioner is before this Court. 4. Be that as it may, since the petitioner has filed an application under Order XXXIX Rules 1 and 2 of the CPC, the Trial Court is directed to consider the same and pass an appropriate order, in accordance with law, within 30 days from the date of receipt of certified copy of this order. 5. With the above observation, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 25