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High Court of Karnataka · body

2026 DAILYLAW 15361 (KAR)

SRI B V NAGARAJA v. MR R PRABHAKAR REDDY

WP/36192/2025 · 2026-04-29

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 36192 OF 2025 (GM-CPC) BETWEEN: 1. 1(a) SRI B V NAGARAJA SINCE DEAD REPRESENTED BY HIS LRS. SMT.K M SHAMALA, W/O LATE B V NAGARAJ, AGED ABOUT 59 YEARS. 1(b) SRI. VASANTH KUMAR B N S/O LATE BV NAGARAJ, AGED ABOUT 35 YEARS. 1(c) SRI. AKSHAY KUMAR B N S/O LATE B V NAGARAJ, AGED ABOUT 30 YEARS. 1(d) SMT MAHALAKSHMI B N D/O LATE B V NAGARAJ, AGED ABOUT 27 YEARS, ALL ARE R/AT NO. 177, BETTADASANAPURA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU- 560014. …PETITIONERS (BY SMT. RAKSHITHA D J.,ADVOCATE) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 AND: 1. MR R PRABHAKAR REDDY AGED ABOUT 49 YEARS, S/O SRI.N.RAMAREDDY RESIDING AT NO. 1051, 19TH B MAIN H.S.R.LAYOUT, 7TH SECTOR BENGALURU -560 034. 2. SRI.R.SURESH AGED ABOUT 51 YEARS, S/O SRI. RAMASWAMY RESIDING AT BEGUR VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU -560 114. 3. SRI.K.S.VINOD KUMAR AGED ABOUT 44 YEARS, S/O LATE A.SRINIVASA REDDY RESIDING AT NO.53, 6TH BLOCK, 17TH MAIN KATHIPALYA, KORAMANGALA LAYOUT BENGALURU-560095. 4. SRI. BABU REDDY.V. AGED ABOUT 47 YEARS S/O VENKATASWAMY REDDY RESIDING AT NO. 163, 8TH CROSS BELLANDUR, BENGALURU-560103. 5. SRI.ZAHEER UDDIN KOSHA MOHAMMED AGED ABOUT 56 YEARS S/O SRI. SALHAUDDIN KOSHA MOHAMMED RESIDING AT NO.52, 2ND CROSS, TCM ROYAN ROAD, 2ND CROSS, SIDDHARTHA NAGAR, BENGALURU-560093. - 3 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 6. SMT. LAKSHMI. M AGED ABOUT 33 YEARS D/O SRI. MUNI REDDY RESIDING AT NO. 86, 1ST MAIN 12TH CROSS, BHARATHI LAYOUT BALAJI NAGAR, DRC POST BENGALURU-560029. 7. SRI.K.N.S.PRAKASH RAO AGED ABOUT 40 YEARS S/O SRI. K. PHANINDRANATH RESIDING AT NO. 13, 10TH CROSS, VEERABHADRANAGAR NEAR BASAVANAGAR BUS STOP MALATHALLI POST, BENGALURU- 560037. 8. SMT. RAJESHWARI. K AGED ABOUT 40 YEARS, W/O SRI. GANGADHAR NAIDU K RESIDING AT NO. 45, 3RD CROSS BDA ROAD, SARASWATHIPURAM NAYANAPPANAHALLI, BEGUR POST, BENGALURU-560114. 9. SMT. HIRAMANI SINHA AGED ABOUT 57 YEARS W/O SIR. SUNIL KUMAR PANKAJ RESIDING ATGHOSWAR VILLAGE POST ANCHAL, BHAKIARPUR PATNA, BIHAR- 803212. 10. SRI.N.PURANDHAMA REDDY AGED ABOUT 38 YEARS S/O SRI. N. DORESWAMY REDDY RESIDING AT NO. 62, 3RD FLOOR 4TH MAIN, 2ND CROSS, GURURAGHAVENDRA NAGAR J.P.NAGAR, 7TH PHASE BENGALURU-560078. - 4 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 11. SMT. NEELAM KUMARI AGED ABOUT 60 YEARS W/O RAMPRABODH THAKUR RESIDING AT ADARSH GRAM ROAD, ROAD NO.2, KOLLUHA PAIGAMBERPUR MUZZAFFARPUR, BIHAR-800003. 12. SMT. ANJALI MARY. A AGED ABOUT 44 YEARS W/O SRI ASHOK KUMAR K K R/A NO 134/1 CHIKKATOGUR GATE, 2ND CROSS HOSUR ROAD, ELECTRONIC CITY BENALURU 560100. 13. SRI. K. B. VEERENDRA GOWDA AGED ABOUT 46 YEARS S/O SRI. BHADRAIAH RESIDING AT KALLENAHALLI VILLAGE THIRUGANAHALLI POST NAGAMANGALA TALUK MANDYA DISTRICT-571401. 14. SMT. KAVERI. J AGED ABOUT 34 YEARS W/O V.R. GUNASHEELYYA RESIDING AT NO.3 C-BLOCK TIPPU BUILDING, AUDIGODI POLICE QUARTERS, BENGALURU-560030. 15. S.M. RAJESHWARI K AGED ABOUT 40 YEARS W/O GANGADHAR NAIDU K R/O NO. 45, 3RD CROSS, BDA ROAD, SARASWATHIPURAM NAYANDAHALLI, BEGUR POST BENGALURU-560076. 16. SRI. RAJIV P AGED ABOUT 41 YEARS - 5 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 S/O SRI. M PONNUSWAMY RESIDING AT NO.1 12TH MAIN 10TH CROSS, BILEKAHALI VILLAGE NEAR SOMESHAWARA TEMPLE BENGALURU- 560070. 17. SRI. THIRUPATHY N AGED ABOUT 39 YEARS S/O SRI. NATARAJAN RESIDING AT NO. 1 TH MAIN 10TH CROSS, BILEKAHALI VILLAGE NEAR SOMESHAWARA TEMPLE BENGALURU- 560070. 18. SMT.PRAMILAMMA AGED ABOUT 44 YEARS W/O SRI. KRISHNAPPA RESIDING AT 956, THUNGA BLOCK OPP. DURGA PARAMESHWARI TEMPLE NEAR NEW DELHI PUBLIC SCHOOL BETTTADASANAPURA, BENGALURU-560068. 19. SRI. ASHOK KUMAR. K.K AGED ABOUT 46 YEARS S/O SRI KARIYAPPA RESIDING AT NO. 134/1 CHIKKATOGUR GATE, 2ND CROSS HOSUR ROAD, ELECTRONIC CITY BENGALURU-560100. 20. SMT. SUDHA AGED ABOUT 37 YEARS W/O SRI. MADEVA RESIDING AT NO. 16, R.R. LAYOUT OPP. ST. XAVIER SCHOOL BETTADASANAPURA VILLAGE, BENGALURU-560025. - 6 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 21. SRI.DIVAKAR R AGED ABOUT 53 YEARS S/O LATE C. RANGASWAMY RESIDING AT NO.3, 1ST MAIN ROAD SHUSHRUTHI NAGAR, BASAPURA ELECTRONIC CITY POST BENGALURU- 560100. 22. SRI. M. DILLI BABU AGED ABOUT 36 YEARS S/O SRI RAMACHANDRA REDDY RESIDING AT NO. 40, 2ND MAIN, 6TH CROSS GURURAGHAVENDRA NAGAR, J.P NAGAR 7TH PHASE, BENGALURU-560078. 23. SMT. SHOBHA. T AGED ABOUT 31 YEARS D/O SRI. SHAMBASIVA REDDY RESIDING AT NO.297, GANGA BLOCK BETTADASANAPURA, ELECTRONIC CITY, BENGALURU-560100. 24. SMT.SHUBAMANGALA. S AGED ABOUT 37 YEARS W/O LATE SEETARAMAIAH RESIDING AT NO.27, A BLOCK CAR POLICE QUARTERS, ADUGODI BENGALURU-560030. 25. SRI. SHRAVAN E.K AGED ABOUT 27YEARS S/O E. KRUPAKAR NAIDU R/O NO. 58, SURABHI NAGAR, BENGALURU-560076 J.P.NAGAR, 8TH PHASE BENGALURU 560076. 26. SMT. REENA ANAND SHARMA AGED ABOUT 45 YEARS - 7 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 W/O SANTHOSH KUMAR RESIDING AT NO.392, SHARADA TEACHERS COLONY, 5TH AVENUE, 5TH MAIN KORAMANGALA, BENGALURU- 560034. 27. SRI. N.P. EZHUMALAI AGED ABOUT 50 YEARS S/O PANDURANGAN THAYAPPA GARDEN, BILEKAHALLI B.G.ROAD, BENGALURU-560076. 28. SMT. SHAMA TAJ AGED ABOUT 36 YEAR W/O MR. SHAFIULLA RESIDING AT NO. 411/1, AYISHA MASJID ROAD, MANGAMMANAPALYA, BOMMANAHALLI BENGALURU-560068. 29. SMT.NAGARATHNAMMA AGED ABOUT 61 YEARS W/O SAMPANGI RAMAIAH RESIDING AT 1492, NEAR SRI RAMA TEMPLE HEBBAGODI, BOMMASANDRA INDUSTRIAL ESTATE, ANEKAL TALUK, BENGALURU-560099. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU AND TO DISPOSE OF THE SUIT IN OS NO. 1691/2023 IN THE TIME BOUND MANNER AS EXPEDITIOUSLY AS POSSIBLE VIDE ANNEXURE-A 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 - 8 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 ORAL ORDER In this writ petition, the petitioners have sought for the following reliefs: "i) Issue a writ of mandamus or Order/Direction in the nature of writ directing the Principal Senior Civil Judge, Bengaluru Rural District at Bengaluru and to dispose of the suit in O.S.No.1691/2023 in the time bound manner as expeditiously as possible (Annexure-A). ii) Issue a writ of mandamus or order/direction in the nature of writ directing the Principal Senior Civil Judge, Bengaluru Rural District at Bengaluru and to dispose of the Interlocutory Application No-1, filed under Order 39 rule 1 and 2 R/w Section 151 CPC, in O.S.No.1691/2023 on the file of Principal Senior Civil Judge, Bengaluru Rural District at Bengaluru, in the time bound manner as expeditiously as possible. iii) To pass such other order/s as this Hon'ble Court deems fit to grant in the interest of justice and equity." 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff has filed a suit in O.S.No.1691/2023 before the Principal Senior Civil Judge, Bengaluru Rural District at Bengaluru (hereinafter referred to as the ‘Trail Court’ for short) seeking for relief of - 9 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 declaration. Along with the suit, plaintiff filed I.A. under Order XXXIX Rule 1 and 2 of CPC seeking temporary injunction order. The Trial Court has refused to grant exparte injunction order and issued summons to the defendants. Even after the appearance of the defendants so far, no order has been passed on I.A. filed under Order XXXIX Rule 1 and 2 of CPC. Hence, learned counsel for the petitioners has sought for direction to dispose of the I.A. as expeditiously as possible. 4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the I.A. as expeditiously as possible. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. - 10 - HC-KAR NC: 2026:KHC:24014 WP No. 36192 of 2025 b) The Trial Court is directed to dispose of the I.A. filed under Order XXXIX Rule 1 and 2 of CPC, in accordance with law and as expeditiously as possible, not later than end of June, 2026 from the date of receipt of a certified copy of this order. c) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE BN List No.: 1 Sl No.: 10