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2026 DAILYLAW 15559 (KAR)

MR K N MOHAN REDDY v. MS K P VINUTHA

WP/5962/2025 · 2026-02-10

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8075 WP No. 5962 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5962 OF 2025 (GM-CPC) BETWEEN: MR K N MOHAN REDDY S/O D. HARAYANA REDDY AGED ABOUT 49 YEARS, R/AT NO. VILLE NO.59, SAHYADRI HOMES, VARTHUR MAIN ROAD, VARTHUR, BANGALORE-560087 …PETITIONER (BY SRI. VINOD KUMAR M.,ADVOCATE) AND: 1. MS. K.P. VINUTHA AGED ABOUT 56 YEARS, D/O LATE PATTABHIRAMA REDDY R/AT NO. D NO. 303, 10TH MAIN, 3RD CROSS, JAYANAGAR, BANGALORE-560 011 2. MRS. KAVITHA AGED ABOUT 45 YEARS W/O SRI HANUMATHA REDDY RESIDENT AT DODDASHIVA, MALUR TALUK KOLAR DISTRICT 563 130 3. MR.V. NARAYANASWAMY AGED ABOUT 64 YEARS S/O VENKATESHAPPA RESIDING AT DEVANGA STREET NELAMANGALA BANGALORE RURAL DISTRICT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8075 WP No. 5962 of 2025 4. MR.K.C RAJANNA AGED ABOUT 42 YEARS S/O CHIKKARANGIAH RESIDING AT KANNEGOWDANAPALYA MYLANAHALLI POST, NELAMANAGALA TALUK BANGALORE RURAL DISTRICT 5. MR. M. RAJENDRA REDDY S/O LATE SRI RAMAKRISHNA FLAT NO.5, SHARADDHA LAKSHMI, NO. 50/1, 5TH CROSS, 10TH MAIN ROAD, HAL IIND STAGE, BANGALORE-560008 …RESPONDENTS (BY SRI. UDAYA HOLLA, SENIOR COUNSEL FOR ; SRI. VIVEK HOLLA, ADVOCATE FOR R5; V/O DATED:10.02.2026, NOTICE TO OTHER RESPONDENTS IS D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE INTERIM ORDER DATED 06/01/2025 PASSED BY THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU PRODUCED AT ANNEXURE-R AND GRANT AN EX PARTE ORDER OF AD INTERIM TEMPORARY INJUNCTION,THEREBY RESTRAINING THE DEFENDANT/S THEIR HENCHMEN OR ANY PERSON/S CLAIMING UNDER THE AUTHORITY AND TRUST OF THE DEFENDANTS FROM ALIENATING/ ENCUMBERING / CREATING ANY CHARGE/ ASSIGNING OR RELINQUISHING/ CREATING ANY THIRD PARTY CLAIMS OVER THE SUIT SCHEDULE PROPERTY AND TO GRAN SUCH OTHER RELIEF/S AS THIS HONBLE COURT DEEM FIT IN THE CIRCUMSTANCES OF THE ABOVE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:8075 WP No. 5962 of 2025 ORAL ORDER This petition by the plaintiff takes exception to the impugned order dated 16.01.2025 in O.S.No.9260/2024, whereby, the trial Court refused to grant an ad interim ex-parte order of temporary injunction sought for by the plaintiff against the defendants. 2. Heard learned counsel for the petitioner and learned Senior Counsel for respondent No.5 and perused the material on record. For the order proposed, notice to respondent Nos.1 to 4 is dispensed with. 3. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for Specific performance and other reliefs in relation to the suit schedule immovable property. Along with the suit, the petitioner having filed an application for ad-interim ex-parte temporary injunction, the trial Court passed the impugned order declining to grant an ex-parte order of temporary injunction and directing issuance of suit summons and emergent notice to the respondent. It is a matter of record that if the respondent No.5 - defendant No.5 has entered appearance in the suit and has filed - 4 - HC-KAR NC: 2026:KHC:8075 WP No. 5962 of 2025 objections to I.A.No.II and the matter is posted for hearing on I.A.No.II on 21.02.2026. So also, this Court on 17.03.2025, passed the following order interim order: “Submission of the learned counsel regarding office objections is accepted. Office objections are over ruled. Heard. Issue notice to respondents.. Parties are directed not to create third party interest in respect of the petition schedule property, till the next date of hearing.” 4. In addition to IA No.II for temporary injunction which is pending before the trial Court, the application filed by the respondent No.5- defendant No.5 under Order VII Rule 11 CPC for rejection of the plaint is also pending before the trial Court. 5. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / de-merits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the trial Court to consider and pass appropriate orders on I.A.No.II as well as the application for rejection of the plaint within a stipulated time frame. - 5 - HC-KAR NC: 2026:KHC:8075 WP No. 5962 of 2025 6. In the result, I pass the following: ORDER i) The petition is hereby disposed of. ii) The Trial Court before whom O.S.No.9260/2024 is said to be posted on 23.04.2026 is directed to prepone/advance the suit from 23.04.2026 to 21.02.2026. iii) Immediately upon preponement/advancement of the suit, the trial Court is directed to consider and pass appropriate orders on I.A.No.II and the application for rejection of plaint within a period of 15 days from 21.02.2026. iv) Petitioner and respondent No.5-defendant No.5 are directed to co-operate with the trial Court for expeditious disposal of the applications. v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. vi) The interim order dated 17.03.2025 shall continue to remain in force and operate between the parties without prejudice to their rights and contentions. - 6 - HC-KAR NC: 2026:KHC:8075 WP No. 5962 of 2025 vii) The trial Court shall consider and pass appropriate orders on the applications without being influenced by the findings and observations recorded in the interim order and the present order. viii) It is made clear that the trial Court shall dispose of I.A.No.II as well as the application for rejection of plaint without insisting on service of notice to the remaining defendants. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 33