Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14777 WP No. 8177 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.8177 OF 2026 (GM-CPC) BETWEEN:
1.
SRI. R. JAGADISH, S/O LATE. H.V. RANGAPPA, AGED ABOUT 54 YEARS, R/AT. HVR FARM HOUSE, MAGADI MAIN ROAD, OPP TO NICE ROAD, GOLLARAHALLI, BENGALURU-560091. …PETITIONER
(BY SRI. SHARAN N. MAJAGE, ADVOCATE)
AND:
LATE R. SRINIVASA, S/O. LATE H.V. RANGAPPA, SINCE DEAD, REPRESENTED BY HIS LRS.
1.
SMT. SATHYA KUMARI, W/O LATE R. SRINIVASA, AGED ABOUT 59 YEARS, R/AT NO.66, H.V.R.LAYOUT, MAGADI ROAD, HOUSING BOARD, BENGALURU-560079. …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI, TO
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14777 WP No. 8177 of 2026
TAKE UP, HEAR AND DISPOSE OF THE PENDING INTERLOCUTORY APPLICATION FILED U/O 39 RULE 1 AND 2 OF CPC FOR TEMPORARY INJUNCTION IN O.S.NO.82/2024 (ANNX- E) WITHIN A SPECIFIC TIME-FRAME TO BE STIPULATED BY THIS HON’BLE COURT.
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, the petitioner/plaintiff has sought the following reliefs:
“a. Issue a writ of mandamus or any other appropriate writ or direction, directing the Addl. Senior Civil Judge and JMFC, Magadi, to take up, hear and dispose of the pending interlocutory application filed U/O 39 Rule 1 and 2 of CPC for temporary injunction in O.S.No.82/2024 (Annexure-E) within a specific time-frame to be stipulated by this Hon’ble Court;
b. Pass such other orders as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”
2. The petitioner/plaintiff filed a suit for declaration and permanent injunction. Along with the plaint, the plaintiff
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HC-KAR NC: 2026:KHC:14777 WP No. 8177 of 2026
filed an application for temporary injunction under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. After service of summons, the defendants appeared through their counsel and filed the written statement. So far the Trial Court has not
disposed of the said application. Hence, the petitioner has sought for disposal of the application.
3. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of by directing the Trial Court to dispose of the application filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of CPC for temporary injunction as expeditiously as possible, not later than 6 weeks from the date of receipt of certified copy of this order.
Pending applications, if any, stand disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
MD List No.: 1 Sl No.: 45