- 1 - HC-KAR NC: 2026:KHC:10127 WP No. 5305 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5305 OF 2026 (GM-CPC) BETWEEN: SRI P O VIJAY REDDY @ VIJAYAKUMAR REDDY AGED 63 YEARS S/O OBAREDDY R/A NO. 1277, 'A' BLOCK, VIEJINAPUARA, DHOORAVANI NAGAR, BANGALORE …PETITIONER (BY SRI.H.SHANTHI BHUSHAN, ADVOCATE FOR SRI. DILIP KUMAR GOWDA R, ADVOCATE) AND: 1. THE PRESIDENT, YASHASHWINI GRUHA NIRMANA SAHAKARA SANGHA 2. THE SECRETARY YASHASHWINI GRUHA NIRMANA SAHAKARA SANGHA RESPONDENT NO.1 AND 2 ARE R/A NO. 43, NEAR DEVEGOWDA CIRCLE BANNUR, MYSURU RING ROAD JUNCTION MYSURU – 570 012 3. SRI. SMARTY REGO S/O STANLEY B REGO AGED 38 YEARS R/AT NO. 15-17-936 VICTORIA GARDEN, 5TH CROSS SHIVABAGH, MANGALORE – 575 002 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10127 WP No. 5305 of 2026 4. THE CHIEF OPERATING OFFICER YASHASHWINI GRUHA NIRMANA SAHAKARA SANGHA NO. 43, NEAR DEVEGOWDA CIRCLE BANNUR, MYSURU RING ROAD J UNCTION MYSURU 570 012 5. THE SUB-REGISTRAR MYSURU NORTH MINI VIDHANA SOUDHA NAZARBAD, MYSURU – 570 012 6. THE DISTRICT REGISTRAR NO. 380/2A CH-44/2A DEWANS ROAD, MAHATMA GANDHI ROAD, NEAR DOUBLE TANK, RAMYA MAHENDRA HOTEL BUILDING LAKSHMIPURAM, CHAMARAJA MOHALLA MYSURU – 570 014 7. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDANA SOUDHA BANGALORE – 560 001 …RESPONDENTS (BY SMT. V. HEMALATHA, AGA FOR R5, R6 AND R7) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT IN O.S. NO.1057/2023 ON THE FILE OF THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MYSURU TO CONSIDER AND DISPOSE OF L.A. NO.5 DATED 06-02-2026 FILED UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 CPC WITHIN A TIME FRAME TO BE FIXED BY THIS HON'BLE COURT, VIDE ANNEXURE Q. THIS PETITION, COMING ON FOR PRELIMINARYHEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:10127 WP No. 5305 of 2026 ORAL ORDER In this petition, petitioner seeks the following reliefs: “i) Direct the Trial Court in O.S.No.1057/2023 on the file of the Court of Principal Senior Civil Judge and CJM at Mysuru to consider and dispose of I.A.No.5 dated 06.02.2026 filed under order XXXIX Rule 1 and 2 read with Section 151 CPC within a time frame to be fixed by this Hon’ble Court, vide Annexure-Q. ii) Restraining the respondent Nos.1, 2 and 3, their agents, servants or anybody claiming through them from forming any residential layout, undertaking developmental activities, alienating or creating third – party rights in the suit schedule properties pending disposal of O.S.No.1057/2023 on the file of the Court of Principal Senior Civil Judge and CJM at Mysuru, vide Annexure-Q. iii) Grant such other and further relief as this Hon’ble Court deems fit to grant under the circumstances of the case in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.5, 6 and 7 and perused the material on record. - 4 - HC-KAR NC: 2026:KHC:10127 WP No. 5305 of 2026 3. After arguing the matter for some time, learned counsel for the petitioner submits that the suit was posted before the Trial Court on 28.01.2026 and adjourned to 25.02.2026 for further examination- in- chief of PW1. However, having regard to the urgency involved in the matter, the petitioner-plaintiff got the suit advanced from 25.02.2026 to 06.02.2026 and filed an application I.A.No.5 for an order of temporary injunction and pleaded urgency in the matter despite which, the trial Court has adjourned the matter to 25.02.2026. It is submitted that having regard to the urgency involved in the matter, the trial Court may be directed to consider and pass appropriate orders on I.A.No.5 filed by the petitioner under Order XXXIX Rules 1 and 2 CPC within a stipulated time frame. 4. The aforesaid submission is placed on record. 5. In view of the aforesaid facts and circumstances of the case and submission made by learned counsel for the petitioner, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following: i) The petition is hereby disposed of. - 5 - HC-KAR NC: 2026:KHC:10127 WP No. 5305 of 2026 ii) The trial Court before whom the suit in O.S.No.1057/2023 is said to be posted on 25.02.2026 is directed to pass appropriate orders on I.A.No.5 filed by the petitioner under Order XXXIX Rules 1 and 2 CPC within a period of 15 days from 25.02.2026. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 32