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2026 DAILYLAW 17244 (KAR)

C NALINI URS v. B S TULASIRAMU

WP/5630/2026 · 2026-02-20

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:10631 WP No. 5630 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.5630 OF 2026 (GM-CPC) BETWEEN: 1. C NALINI URS W/O LATE H.VIJAYACHANDRA RAJ URS AGED ABOUT 62 YEARS 2. LOHIT URS S/O. LATE H. VIJAYACHANDRA RAJ URS AGED ABOUT 41 YEARS 3. CHAITRA V URS D/O. LATE H. VIJAYACHANDRA RAJ URS AGED ABOUT 39 YEARS 4. PHALGUNA V URS S/O. LATE H. VIJAYACHANDRA RAJ URS AGED ABOUT 37 YEARS ALL ARE RESIDING AT NO.826, GRAMA PANCHAYATH OFFICE ROAD, HINKAL, MYSURU - 570 017. …PETITIONERS (BY SRI. S. SRIRANGA, SENIOR COUNSEL APPEARING FOR SMT. SUMANA NAGANAND, ADVOCATE) AND: B S TULASIRAMU S/O. B. SIDDARAJU AGED ABOUT 62 YEARS RESIDING AT NO.910, 'I' BLOCK RAMAKRISHNA NAGAR MYSURU 570 022. …RESPONDENT Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10631 WP No. 5630 of 2026 THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO O.S.NO.14/2022 PENDING BEFORE THE II ADDITIONAL SENIOR CIVIL JUDGE, MYSURU AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER QUASHING THE ORDER DATED 30.12.2021 PASSED IN O.S.NO.14/2022 PENDING BEFORE THE II ADDITIONAL SENIOR CIVIL JUDGE, MYSURU (ANNEXURE -H) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “a) Call for records pertaining to O.S.No.14/2022 pending before the II Additional Senior Civil Judge, Mysuru. b) Issue a writ of certiorari or any other writ, order quashing the order dated 30.12.2021 on I.A.No.II passed in O.S.No.14/2022 pending before the II Additional Senior Civil Judge, Mysuru (Annexure-‘H’); c) Pass any such other or further orders as this Hon’ble Court deems fit, just, and appropriate in the facts and circumstances of the present case, in the interest of justice.” 2. Heard learned Senior Counsel for the petitioners and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:10631 WP No. 5630 of 2026 3. Learned Senior Counsel for the petitioners submits that in the aforesaid suit in O.S.No.14/2022 filed by the respondent- plaintiff against the petitioners-defendants, the Trial Court has passed an ad-interim ex-parte order of temporary injunction in favour of the respondent-plaintiff against the petitioners-defendants on 30.12.2021, aggrieved by which, the petitioners have filed an application-I.A.No.9 seeking vacating of the said order of temporary injunction and the said application-I.A.No.9 has not been considered by the Trial Court even till today. The said ad-interim order is being continued by the Trial Court from time to time and the matter having been presently adjourned to 23.03.2026, the Trial Court may be directed to prepone / advance the suit from 23.03.2026 to 02.03.2026 with a direction to the Trial Court to dispose of the said application-I.A.No.9/2025 filed by the petitioners-defendants under Order XXXIX Rule 4 CPC within a stipulated time frame. 2. The said submission is placed on record. - 4 - HC-KAR NC: 2026:KHC:10631 WP No. 5630 of 2026 3. In view of the aforesaid facts and circumstances and the undisputed fact that the application – I.A.No.9/2025 filed by the petitioners-defendants under Order XXXIX Rule 4 CPC has not been disposed of by the Trial Court even till today, I deem it just and appropriate to dispose of this petition by issuing certain directions. 4. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The Trial Court before whom O.S.No.14/2022 is said to be posted on 23.03.2026 is directed to prepone / advance the said matter to 02.03.2026. (iii) Liberty is reserved in favour of the petitioners – defendants to seek advancement / preponement of the suit from 23.03.2026 to 03.03.2026. (iv) The Trial Court shall consider and pass appropriate orders on I.A.No.9 filed by the petitioners – defendants within a period of one month from 02.03.2026. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE SV; List No.: 2 Sl No.: 24