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2026 DAILYLAW 10968 (KAR)

SMT KAVITHA G DUTT v. SRI M THIMMAIAH

WP/4628/2026 · 2026-02-12

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8961 WP No. 4628 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4628 OF 2026 (GM-CPC) BETWEEN: 1. SMT. KAVITHA G. DUTT W/O R. GURUDUTT AGE ABOUT 49 YEARS 2. SRI R. GURUDUTT S/O K. S. RAJGOPAL RAO, AGE ABOUT 55 YEARS BOTH ARE RESIDING AT 211, 5TH MAIN, BHAVANI NAGAR, 1ST STAGE RAILWAY MEN’S LAYOUT, ULLAL MAIN ROAD, BANGALORE – 560 056 …PETITIONERS (BY MISS. PRAGATHI A.V., ADVOCATE FOR SRI. KESHAV M. DATAR, ADVOCATE) AND: 1. SRI M. THIMMAIAH, S/O LATE MAYANNA, AGE ABOUT 74 YEARS R/AT NO 09, 1ST C MAIN ROAD, 4TH CROSS, RPC LAYOUT, VIJAYANAGARA 2ND STAGE, BENGALURU – 560 040 2. SRI ASHWATHNARAYANA S/O LATE KEMPAIAH AGE ABOUT 64 YEARS R/AT NO 13, GANGOTHRI PRAGATHI NILAYA 4TH CROSS, MARUTHINAGAR, CHANDRA LAYOUT, 8O FEET MAIN ROAD, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8961 WP No. 4628 of 2026 BANGALORE – 560 056 3. SMT. RADHAMMA W/O LATE LINGAPPA, AGE ABOUT 60 YEARS, VALMIKINAGAR, MYSORE ROAD, BANGALORE – 560 026 4. SMT. GURUSHANTHAMMA, W/O LATE H. GANAGAPPA, AGE ABOUT 65 YEAS R/AT PULLAGUMPE VILLAGE, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT 5. MR.PICHANDI NITHYANANDA PROPRIETOR OF M/S K P V ENGINEERING WORKS, SY NO 107 /1 Ai, ULLAL MAIN ROAD, MALLATHAHALLI, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK BENGALURU – 560 056 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE XX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU TO DISPOSE OF THE IA NO. III FILED IN O.S NO. 6865/2025 AS EARLY AS POSSIBLE PREFERABLY WITHIN A PERIOD OF 30 DAYS VIDE ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: a) Issue a writ in the nature of Mandamus directing the Hon’ble XX Additional City Civil and Sessions Judge, Bengaluru to dispose of the I.A.No.III filed in - 3 - HC-KAR NC: 2026:KHC:8961 WP No. 4628 of 2026 O.S.No.6865/2025 as early as possible preferably within a period of 30 days vide Annexure-A; b) Issue any other writ, order or direction and grant such other and further reliefs as this Hon’ble Court deems fit and proper under the circumstances of this case, in the interest of justice and equity. 2. Heard learned counsel for the petitioners and perused the material on record. For the order proposed, notice to respondents is dispensed with. 3. The limited grievance of the petitioners, who are defendant Nos.1 and 2 in the suit is that the application I.A.No.3 filed by them for temporary injunction has not been considered by the trial Court, who has adjourned the matter to 11.03.2026 and as such, the present petition may be disposed of directing the trial Court to pass appropriate orders on I.A.No.3 within a stipulated time frame. 4. In view of aforesaid facts and circumstances, the trial Court before whom the suit is said to be posted on 11.03.2026 is directed to dispose of I.A.No.3 dated 18.11.2025 filed by the - 4 - HC-KAR NC: 2026:KHC:8961 WP No. 4628 of 2026 petitioners-defendant Nos.1 and 2 under Order XXXIX Rules 1 and 2 CPC within a period of one month from 11.03.2026. 5. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 21