Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:26199 WP No. 16060 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. 16060 OF 2026 (GM-CPC) BETWEEN:
MERUSRI DEVELOPERS, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1932 HAVING ITS OFFICE AT NO. 17/1, GROUND FLOOR, NCC URBAN WINDSOR YASHODHA NAGAR, OPPOSITE JAKKUR AERODROME YELAHANKA, BANGALORE- 560 064 REPRESENTED BY ITS AUTHORISED PARTNER MR VENKATESWARA REDDY MADDURI …PETITIONER (BY SRI.YESHU MISHRA, ADVOCATE FOR SMT.RASHMI DESHPANDE, ADVOCATE)
AND:
1.
SRI. DHARMARAJ S/O CHINNAPPA AGED ABOUT 45 YEARS
2.
SRI. CHINNAPPA, AGED ABOUT 75 YEARS S/O MUNILAKSHMAIAH
3. SMT.MUTHAMMA, AGED ABOUT 70 YEARS.
W/O CHINNAPPA
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:26199 WP No. 16060 of 2026
4. SRI.MANJUNATH, AGED ABOUT 50 YEARS.
S/O CHINNAPPA
5. SRI.RAVIKUMAR AGED ABOUT 47 YEARS.
S/O CHINNAPPA RESIDENTS OF BYCHAPURA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110
6.
SRI.M.K.VINOD KUMAR MAJOR IN AGE S/O LATE.M.R.KALASAPPA GOWDA RESIDING AT NO.10, MIG-II 2ND PHASE, KHB COLONY CHIKKAMAGALURU - 577102 HIMSELF AND ALSO REPRESENTED BY HIS GPA HOLDER MR D.M.PURNESH MAJOR IN AGE S/O MR D.B.MANJEGOWDA RESIDING AT POST BOX NO 5, DEVAGIRI FARMS, DEVANAHALLI, BENGALURU RURAL DISTRICT
7.
SRI.D.M. PURNESH MAJOR IN AGE S/O LATE MR D.B.MANJEGOWDA RESIDING AT POST BOX NO 5, DEVAGIRI FARMS DEVANAHALLI, BENGALURU RURAL DISTRICT-562 110 …RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF AD-INTERIM TEMPORARY INJUNCTION DATED 03.02.2026 PASSED BY THE COURT OF THE 1ST
- 3 -
HC-KAR NC: 2026:KHC:26199 WP No. 16060 of 2026
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI IN IA NO 5 IN OS NO 368/2011 VIDE ANNEXURE A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER The present writ petition is filed questioning the order of ad interim injunction dated 03.02.2026 passed in I.A.No.5 in O.S.No.368/2011 by the I Additional Senior Civil Judge and JMFC, Devanahalli.
2. Learned counsel appearing for the petitioner submits that the petitioner is not a party to the proceedings and he has filed an impleading application. By virtue of this injunction, the petitioner is sustaining huge loss. As such, he has come before this Court questioning the said order.
3. The Office has raised objection with regard to the maintainability as the petitioner has a remedy of appeal before the Appellate Court, but not before this Court. However, the counsel for the petitioner has argued on the merits of the matter and submits that every month, the petitioner is sustaining loss to a tune of Rs.30 lakhs and unless the order of
- 4 -
HC-KAR NC: 2026:KHC:26199 WP No. 16060 of 2026
the trial Court is suspended, it would cause lot of hardship to the petitioner.
4. Having heard the learned counsel for the petitioner, perused the entire material on record and the office objections raised. The Office had rightly raised the objection with regard to the maintainability of the writ petition. Whatever relief that the petitioner is seeking before this Court, he could have raised the same grounds before the Appellate Court where his remedy is. Further, it is a fact that the petitioner has not filed any application seeking impleadment before the trial Court. It is submitted that the petitioner will move the Court by filing an application for impleadment and also vacate petition. Learned counsel submits that at least direction may be given to the trial Court to consider his applications within a time bound manner.
5. Considering the submissions made by the petitioner and considering the urgency and necessity that are put forth before this Court, this Court deems it appropriate to dispose of the writ petition in the following manner:
- 5 -
HC-KAR NC: 2026:KHC:26199 WP No. 16060 of 2026
ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to file an appropriate application for impleadment as well as vacate and the said applications shall be considered by the trial Court expeditiously within a period of two months from the date of filing of the applications. ii. Before considering the applications, a reasonable opportunity shall be given to the respondents. iii. This Court has not issued notice to the respondents as no adverse orders are passed against them. iv. All I.As in this petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
MEG List No.: 2 Sl No.: 17