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2026 DAILYLAW 11720 (KAR)

MR SACHIDANANDA v. MR YOGISH

WP/7487/2026 · 2026-03-05

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13797 WP No. 7487 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7487 OF 2026 (GM-CPC) BETWEEN: 1. MR SACHIDANANDA AGED ABOUT 73 YEARS S/O LATE BABU BANGERA R/AT 2-32/3, IRAMTHABETTU HOUSE SHAMBOOR, BANTWAL TALUK D.K. DISTRICT - 574 231. 2. SMT. MOHINI AGED ABOUT 73 YEARS W/O LATE MARAPPA POOJARY R/AT KALLIGE VILLAGE BANTWALA TALUK D.K. DISTRICT - 574 219. 3. MR. LOKESH POOJARY AGED ABOUT 47 YEARS S/O LATE MARAPPA POOJARY R/AT KALLIGE VILLAGE BANTWAL TALUK D.K. DISTRICT - 574 219. 4. MR. VISHWANATH POOJARY AGED 75 YEARS S/O LATE BABU BANGERA R/AT 2-39, IRAMTHABETTU HOUSE SHAMBOOR, BANTWAL TALUK D.K. DISTRICT - 574 231. 5. MR. KISHORE KUMAR AGED 43 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13797 WP No. 7487 of 2026 S/O PURUSHOTHAM POOJARY R/AT KEERTHI NIVAS 3RD CROSS, J B LOBO ROAD KOTTARA CHOWKI, MANGALURU D.K. DISTRICT - 575 006. 6. MR. KIRAN AGED ABOUT 42 YEARS S/O SHRI. PURUSHOTTAM POOJARY R/AT PUJYATHA, KODIKKAL, B-10TH CROSS MANGALURU D.K. DISTRICT - 575 006. 7. MR. SHARATH AGED ABOUT 45 YEARS S/O SHRI.K VISHWANATH POOJARY R/AT DEVASYA PADOOR VILLAGE HALLIPADE POST, BANTWAL D.K. DISTRICT-574 211. …PETITIONERS (BY SRI. K RAVISHANKAR., ADVOCATE) AND: 1. MR YOGISH AGED ABOUT 44 YEARS S/O D. SHEKAR POOJARY R/A 2-112, STHAANADA MANE SHAMBOORU, BANTWAL-574 231. 2. MR. N SEETHARAMA AGED ABOUT 78 YEARS S/O. LATE AITAPPA POOJARY R/AT RAGHAVENDRA NILAYA MAROLI, KULSHEKAR POST MANGALORE TALUK D.K. DISTRICT -575 005. 3. MR. GANESH V S/O. MONAPPA AGED ABOUT 55 YEARS R/AT THUDAR HOUSE - 3 - HC-KAR NC: 2026:KHC:13797 WP No. 7487 of 2026 D 8TH CROSS, KODIKAL ALAGUDDA POST ASHOK NAGAR, MANGALORE TALUK D.K. DISTRICT-575 006. 4. SANJEEVA POOJARY AGED ABOUT 63 YEARS S/O LATE SHIVAPPA POOJARY R/AT STHAANANDA MANE SHAMBOORU, BANTWAL D. K DISTRICT-574231 …RESPONDENTS (BY SRI.VISHWAJITH RAI., ADVOCATE R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT DIRECTING THE TRIAL COURT TO PASS ORDERS ON IA NO.2 FILED IN O.S. NO. 17/2025 (PRODUCED VIDE ANNEXURE-A1) TO THE WRIT PETITION AT THE EARLIEST AND ETC. 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 Sri M.Vishwajith Rai, learned counsel undertakes to appear for respondent Nos. 1 to 4. 2. This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, seeking the following relief: “Issue a writ of mandamus directing the trial court to pass orders on IA No.2 filed in - 4 - HC-KAR NC: 2026:KHC:13797 WP No. 7487 of 2026 O.S.No.17/2025 (produced vide Annexure A1) to the writ petition at the earliest.” 3. The petitioners/plaintiffs have filed a suit in O.S. No.17/2025 for permanent injunction. Along with the suit, the plaintiffs have also filed an I.A. seeking temporary injunction. The Trial Court, by order dated 06.03.2025, granted temporary injunction permitting the plaintiffs to conduct the festival of Nemothsava on particular dates. However, in respect of the petitioners’ prayer for conducting the festival on future dates, no order has been passed. 4. Being aggrieved by the order passed by the Trial Court, respondent No.2/defendant No.2 filed an appeal before the First Appellate Court in M.A. No.17/2025. The same came to be dismissed, reserving liberty to defendant No.2 to file an application under Order XXXIX Rule 4 of CPC for vacating the injunction before the Trial Court, and directing the Trial Court to dispose of both the applications. - 5 - HC-KAR NC: 2026:KHC:13797 WP No. 7487 of 2026 5. On 13.01.2026, the matter was heard on the applications filed by both the plaintiffs and the defendants, and the case was posted for orders on 29.01.2026. Thereafter, the matter was adjourned to 12.02.2026, then to 28.02.2026, and again to 18.03.2026 for orders. 6. The learned counsel appearing for the petitioners/plaintiffs submits that the festival in respect of the temple has to be conducted from 09.03.2026 to 11.03.2026. Since no order has been passed on the applications filed by the parties, and the matter has been adjourned to 18.03.2026, there is an apprehension of a law and order issue. Therefore, he seeks an interim order from this Court. 7. Since the applications filed by the parties have already been heard and reserved for orders, in the interest of justice, the following order is passed: (i) The writ petition stands disposed of. - 6 - HC-KAR NC: 2026:KHC:13797 WP No. 7487 of 2026 (ii) The petitioners are permitted to move the matter before the trial court and request for pronouncing the order on or before 09.03.2026. (iii) The trial court is directed to pronounce the order on the applications filed by the parties on or before 09.03.2026. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 84