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2026 DAILYLAW 16809 (KAR)

NAVEEN C v. SMT SANDYABAI C

WP/13477/2026 · 2026-04-28

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24064 WP No. 13477 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13477 OF 2026 (GM-CPC) BETWEEN: NAVEEN C, S/O CHANDRAPPA, AGED ABOUT 33 YEARS, NO. DODDANALLURHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK - 562 114, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. A.LOURDU MARIYAPPA., ADVOCATE) AND: 1. SMT. SANDYABAI C, W/O LATE VENUGOPAL SINGH, AGED ABOUT 33 YEARS, 2. H. G. SATHYANARAYANA SINGH, S/O LATE H.R. GOPAL SINGH, AGED ABOUT 54 YEARS, 3. SMT. SHALINI BAI, D/O H.G.SATHYANARAYANA SINGH, AGED ABOUT 25 YEARS, 4. SMT. PAVITHRA BAI H.S., D/O H.G. SATHYANARAYANA SINGH, AGED ABOUT 25 YEARS, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24064 WP No. 13477 of 2026 ALL RES.NO.1 TO 4 ARE R/AT KOTE, NEAR MUNESHWARA TEMPLE, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN M.A.130/2025 ON THE FILE OF THE HON’BLE VI ADDITIONAL DISTRICT AND SESSION JUDGE BENGALURU RURAL AT BENGALURU 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 In this writ petition, petitioner has sought for the following reliefs: "a) Call for the records in M.A.130/2025, on the file of the Hon'ble VI Additional District and Sessions Judge, Bengaluru Rural at Bengaluru, b) Consequently direct the Hon'ble VI Additional District and Sessions Judge, Bengaluru Rural at Bengaluru thereby so as to pass suitable Order the application under Order 26 rule 9 R/w Section 151 of CPC, at ANNEXURE-F, in M.A.No.130/2025 c) Pass such other order or directions as this Hon'ble Court deems fit in the facts and circumstances of the case including awarding of costs, in the interest of justice and equity." - 3 - HC-KAR NC: 2026:KHC:24064 WP No. 13477 of 2026 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The respondent/plaintiff has filed a suit for declaration and injunction in O.S.No.528/2024 before the Senior Civil Judge and JMFC at Hosakote (for short ‘Trial Court’). Along with the plaint, plaintiff filed application I.A.No.1/2025 under Order XXXIX Rule 1 and 2 r/w Section 151 of CPC seeking temporary injunction order. The Trial Court on 28.08.2025 has granted ex-parte temporary injunction order restraining the petitioner/defendant from interfering with the possession of the plaintiff. 4. Being aggrieved by the same, the petitioner has filed Miscellaneous Appeal M.A.No.130/2025 before the VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. Along with the said Miscellaneous Appeal, the petitioner also filed an application under - 4 - HC-KAR NC: 2026:KHC:24064 WP No. 13477 of 2026 Order 26 Rule 9 read with Section 151 of CPC seeking for appointment of Court Commissioner. Since no order has been passed on that application, the petitioner is before this Court seeking early disposal of the application. 4. In view of the above, without expressing any opinion on the merits of the case, the VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, is directed to dispose of the application filed by the petitioner under Order 26 Rule 9 read with Section 151 of CPC, in accordance with law, as expeditiously as possible but not later than by the end of June, 2026. Accordingly, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 24