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2026 DAILYLAW 11247 (KAR)

SRI KANTHARAJA M V v. SRI M SRINIVAS

WP/3033/2026 · 2026-02-09

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7632 WP No. 3033 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.3033 OF 2026 (GM-CPC) BETWEEN: 1. SRI. KANTHARAJA M.V. S/O LATE VENKATASWAMY, AGED ABOUT 25 YEARS.. 2. SRI. MADHU.M.V S/O LATE VENKATASWAMY, AGED ABOUT 35 YEARS. BOTH PETITIONERS ARE R/AT MULLUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 035. …PETITIONERS (BY SRI. MANJUNATHA M.V., ADVOCATE) AND: 1. SRI. M. SRINIVAS S/O LATE MUNIYAPPA, AGED ABOUT 51 YEARS, R/AT MULLUR VILLAGE, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 035. …RESPONDENT Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7632 WP No. 3033 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE ORDER DATED 04.03.2025 BY HON'BLE PRINCIPAL CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU (NOW TRANSFERRED TO CIVIL JUDGE AND JMFC AT KRISHNARAJAPURAM), ON I.A NO.1 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC IN O.S. NO.891/2025 (OLD O.S.NO.345/2025) VIDE ANNEXURE - A AND FURTHER BE PLEASED TO ALLOW THE IN IA.NO.1 FILED IN THE ORIGINAL SUIT BY ALLOWING IN THE ABOVE WRIT PETITION. 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: "i) Writ of Certiorari or any other writ or order by set-aside the order dated 04.03.2025 passed by Hon'ble Principal Civil Judge, Bengaluru Rural District at Bengaluru (now transferred to Civil Judge and JMFC at Krishnarajapuram), on I.A No.1 filed by the petitioner under Order 39 Rule 1 and 2 r/w Section 151 of CPC in O.S.No.891/2025 (old O.S.No.345/2025) vide Annexure - A and further be pleased to allow the in I.A.No.1 filed - 3 - HC-KAR NC: 2026:KHC:7632 WP No. 3033 of 2026 in the original suit by allowing in the above writ petition; ii) To grant such other relief/s as this Hon'ble Court deems fit in the circumstances of the case." 2. After arguing the matter for some time, learned counsel for the petitioners/plaintiffs submits that the suit is posted before the trial Court on 11/12.02.2026 for appearance of the defendants and the present petition may be disposed of as withdrawn reserving liberty in favour of the petitioners to make a request to the Trial Court to consider and pass appropriate orders on the application for temporary injunction filed by the petitioners in accordance with law. 3. Submission of learned counsel for the petitioners is placed on record. 4. Accordingly, petition stands disposed of as withdrawn reserving liberty in favour of the petitioners to request the Trial Court to pass appropriate orders on the application for temporary injunction filed by the petitioners on the next date of hearing of the suit which stands posted on 11/12.02.2026. - 4 - HC-KAR NC: 2026:KHC:7632 WP No. 3033 of 2026 5. Subject to the aforesaid directions, petition stands disposed of. SD/- (S.R.KRISHNA KUMAR) JUDGE MR