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2026 DAILYLAW 18527 (KAR)

SRI.G.M.MUNIYAPPA, v. SRI. MUNIHANUMAPPA,

WP/15759/2026 · 2026-06-03

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26049 WP No. 15759 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15759 OF 2026 (GM-CPC) BETWEEN: 1. SRI.G.M.MUNIYAPPA, SON OF LATE GUNDAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO. 58/2, KADA AGRAHARA, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU -560 077 2. SRI.E.RAJAPPA, SON OF LATE ERAPPA, AGED ABOUT 54 YEARS, RESIDING AT KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU -560 049 3. SRI B.ANJANAPPA, SON OF LATE BOMMANNA, AGED ABOUT 55 YEARS, RESIDING AT KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU -560 049 …PETITIONERS (BY SRI. VIGNESWARA S. SHASTRI, SENIOR COUNSEL FOR SRI.NARENDRA BABU H.L., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26049 WP No. 15759 of 2026 AND: 1. SRI. MUNIHANUMAPPA, SON OF LATE MUNIVENKATAPPA, AGED MAJOR, RESIDING AT KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 049 2. SMT. DEVAMMA, WIFE OF MUNIHANUMAPPA, AGED MAJOR, RESIDING AT KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU -560 049 3. SMT. NETHRAVATHI, D/OF MUNIHANUMAPPA, AGED MAJOR, RESIDING AT KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 049 4. SRI.SHIVKUMAR, SON OF MUNIHANUMAPPA, AGED MAJOR, RESIDING AT KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 049 5. SRI.SHANKAR, SON OF MUNIHANUMAPPA, AGED MAJOR, RESIDING AT KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 049 - 3 - HC-KAR NC: 2026:KHC:26049 WP No. 15759 of 2026 6. MRS.IQBAL BASITH WIFE OF LATE IRSHAD BASITH AGED ABOUT 69 YEARS RESIDING AT FLAT NO. A 902 SLARPURIA SILVER WOODS NO.15, NAGAVARAPALYA OPP. OLD MADARAS ROAD BENGALURU -560 093 7. SRI.T.VENKARAMANA SON OF T.PAPANNA, AGED ABOUT 84 YEARS, R/ AT NO.2-253-D2-1 SOCIETY COLONY, MADANAPALLE, CHITTOR DISTRICT, ANDHRA PRADESH-517 325 8. SRI.KISANLAL OSWAL SON OF SOGMAL OSWAL, AGED ABOUT 71 YEARS, RESIDING AT NO.3231, CHURCH STREET, BANGARAPETE, KOLAR DISTRICT, KOLAR-563 114 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 15.05.2026 AS PER ANNEXURE-A PASSED BY THE LEARNED ADDL. DISTRICT AND SESSIONS JUDGE-FTSC-II THE VACATION DISTRICT JUDGE, BERIGALURU RURAL DISTRICT AT BENGALURU, IN V.O.S.NO.89/2026, TO THE EXTENT OF REFUSING THE EXPARTE INTERIM ORDER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2026:KHC:26049 WP No. 15759 of 2026 ORAL ORDER The petitioners are aggrieved by the order dated 15.05.2026, whereby, the trial Court has refused to grant interim injunction and issued notice to the defendants. 2. Learned Senior Counsel appearing for the petitioners submits that considering the fact that there is a registered agreement in favour of the petitioners and that they have paid substantial amounts, the trial Court ought to have considered the application that was filed by the plaintiffs seeking injunction. If the defendants alienate the property it would cause lot of hardship to the petitioners. That aspect was not considered by the trial Court and now the suit summons are issued to the defendants, returnable by 09.06.2026. Learned Senior Counsel submits that there may be a protection till the parties enter appearance before the trial Court. 3. Considering the fact that the matter is coming up on 09.06.2026, this court is not inclined to grant any interim protection and keep the matter pending before this Court. Hence, this Court deems it appropriate to pass the following: - 5 - HC-KAR NC: 2026:KHC:26049 WP No. 15759 of 2026 ORDER i. The writ petition is disposed of directing the trial Court to consider IA No.II filed by the petitioner expeditiously. ii. It is observed in the earlier order that, at this juncture the petitioners have not made out any prima-facie case, notwithstanding that observation the trial court shall pass order considering the submission of the parties in accordance with law. iii. This Court is not issuing notice to the respondents as no adverse order is passed against them. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 19