Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18058 WP No. 10234 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10234 OF 2026 (GM-CPC) BETWEEN:
SMT. M. V. SHRUTHI D/O LATE SHRI M. T. VASANTHARANGAN AGED ABOUT 49 YEARS R/AT 18, HOLLAND HILL 11-22 PARVIS, SINGAPORE-278746
ALSO AT NO. 504, 13TH CROSS ISRO LAYOUT, KUMARASWAMY LAYOUT BENGALURU-560078. …PETITIONER (BY SRI. SENTHIL KUMAR D.U., ADVOCATE) AND:
1.
SMT. M. V. MYTHILI W/O LATE SHRI M. T. VASANTHARANGAN AGED ABOUT 74 YEARS R/AT 31, 1ST CROSS, RMS COLONY SANJAY NAGAR, RMV EXTENSION BENGALURU-560094.
2.
SMT. M. V. SMITHA D/O LATE SHRI M. T. VASANTHARANGAN AGED ABOUT 50 YEARS R/AT NO. 120, 1ST MAIN, 5TH CROSS SOUNDARYA LAYOUT, SIDEDAHALLI BENGALURU-560073. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE TRIAL COURT I.E., HON'BLE CITY
Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2026:KHC:18058 WP No. 10234 of 2026
CIVIL AND SESSIONS JUDGE XXXVIII A.C.C.J., (CCH-39) AT BENGALURU, TO DISPOSE/PASS ORDERS ON IA NO.1 VIDE ANNEXURE B, IN OS.NO.5900/2024 ON MERITS WITHOUT MAKING FURTHER DELAY 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
1. In this writ petition, the petitioner-plaintiff has sought for the following relierf/s:
“a) Issue Writ of Mandamus or any other appropriate Writ or direction, directing the trial court i.e., Hon'ble City Civil and Sessions Judge XXXVIII A.C.C.J., (CCH- 39) at Bengaluru, to dispose/pass orders on IA No.1 vide Annexure B, in OS.No.5900/2024 on merits without making further delay and; b) Pass such other orders which this Hon'ble court deems fit to pass in the circumstances of the case, with costs, in the interest of justice and equity.”
2. The petitioner–plaintiff has filed a suit in O.S. No.5900/2024 seeking the relief of partition and separate possession. Along with the plaint, the plaintiff filed I.A.No.1 under Order XXXIX Rules 1 and 2 read with
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HC-KAR NC: 2026:KHC:18058 WP No. 10234 of 2026
Section 151 of the CPC, seeking an ad interim order of injunction restraining the respondents–defendants, their agents, or anyone acting under them from alienating, encumbering, or in any manner dealing with the suit schedule ‘A’ property and suit schedule ‘B’ property, pending disposal of the suit. The Trial Court, by order dated 22.08.2024, issued suit summons and emergent notice on I.A.No.1 to the defendants and declined to grant an ex-parte injunction. After service of summons, the defendants appeared through counsel, filed their written statement, and also filed objections to the said application. However, no order has been passed on the said application so far. Therefore, the present writ petition is filed seeking early disposal of the said application.
3. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.
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HC-KAR NC: 2026:KHC:18058 WP No. 10234 of 2026
4. Accordingly, the following order is passed:
ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application, in accordance with law, as expeditiously as possible, on or before 30.04.2026. c) Parties are directed to co-operate for early disposal of the application.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 46