- 1 - HC-KAR NC: 2026:KHC:26197 WP No. 15461 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. 15461 OF 2026 (GM-CPC) BETWEEN: 1. B C SARADAMMA D/O LATE MAHADEVAIAH. AGED ABOUT 60 YEARS, R/AT KRISHNAPURA DODDI VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK, BENGALURU-562 159 2. MAYIGOWDA H. S/O LATE CHOWDAIAH, AGED ABOUT 73 YEARS, R/AT BEVOOR VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK, BENGALURU-562 108 3. CHANNAKESHAVA S/O LATE CHOWDAIAH, AGED ABOUT 70 YEARS, R/AT BEVOOR VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK, BENGALURU-562 108 4. CHANDRAMMA D/O LATE L.LINGAIAH. AGED ABOUT 60 YEARS, R/AT KELAGERE VILLAGE, MALURU HOBLI, CHANNAPATANA TALUK, BENGALURU-562 108 5. SHARADAMMA W/O LATE B.C.CHANNEGOWDA, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26197 WP No. 15461 of 2026 AGED ABOUT 75 YEARS, R/AT VADERAHALLI, VIDYARANYA POST, BENGALURU-560 056 …PETITIONERS (BY SMT.SAKSHI M. KRISHNA, ADVOCATE FOR SRI.SUBRAMANYA R., ADVOCATE) AND: 1. NARASIMHAMURTHY B.N., S/O LATE B.K. NARASIMHAYYA, AGED ABOUT 78 YEARS, R/AT NO. 5544, SUNRISE SCHOOL ROAD, LAKSHMANAPPA LAYOUT, NELAMANGALA TOWN, BENGALURU RURAL-562 123 2. JAYALAKSHMAMMA W/O M.C. SHIVARAMA, AGED ABOUT 76 YEARS, R/AT HONAGALLI MATHA COLONY VILLAGE, KERGOODU HOBLI, MANDYA TOWN, MANDYA DISTRICT-571 404 3. VARNALATHA B.S. W/O VENKATAPPA AGED ABOUT 68 YEARS R/AT NO. 26, 9TH CROSS ROAD, 1ST MAIN ROAD, NEAR PRASHANTHA GANAPATHI TEMPLE, PRASHANTHA NAGARA, BENGALURU-560 040 4. B.N. SRIDHARA S/O LATE B.K. NARASIMHAYYA, AGED ABOUT 67 YEARS, R/AT VALAGARAHALLI VILLAGE, KASBA HOBLI, MADDURU TALUK, MANDYA DISTRICT-571 428 - 3 - HC-KAR NC: 2026:KHC:26197 WP No. 15461 of 2026 5. GEETHA B. N. SINCE DEAD BY LRS. J.B. KEERTHI D/O LATE GEETHA B.N., AGED MAJOR, R/AT GEJJALAGERE VILLAGE, KASABA HOBLI, MADURU TALUK, MADUR DISTRICT-571 428 6. SPURTHI D/O LATE GEETHA B.N, AGED MAJOR, R/AT GEJJALAGERE VILLAGE, KASABA HOBLI, MADURU TALUK, MADUR DISTRICT-571 428 7. B.C. KALAPPAGOWDA S/O LATE CHOWDAIAH, AGED ABOUT 77 YEARS, R/AT NO. 73, 1ST CROSS, 3RD MAIN ROAD, KOTIGGEHALLI, VISWANEEDHAM, BENGALURU-560 091 8. BHARGAVI H.P. D/O NIRANJAN J, AGED ABOUT 33 YEARS, R/AT H. GUNDIPATTANA, H. MALLIGERE POST, KERGOODU HOBLI, MANDYA TALUK, MANDYA DISTRICT-571 402 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE PRL. SENIOR CIVIL JUDGE AND JMFC, CHANNAPATANA, TO CONSIDER AND ADJUDICATE THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONERS UNDER ORDER XXXIX RULES 1 AND 2 OF THE CODE OF CIVIL PROCEDURE IN O.S. NO. 04/2026 SEEKING TEMPORARY - 4 - HC-KAR NC: 2026:KHC:26197 WP No. 15461 of 2026 INJUNCTION, WITHIN A TIME FRAME TO BE FIXED BY THIS HON'BLE COURT, IN ACCORDANCE WITH LAW (ANNEXURE-A1). 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 seeking the following prayer: "PRAYER WHEREFORE, the Petitioner humbly prays that this Hon'ble Court be pleased to: a) Issue a Writ of Mandamus directing the Prl. Senior Civil Judge and JMFC, Channapatana, to consider and adjudicate the interlocutory application filed by the Petitioners under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure in O.S.No.04/2026 seeking temporary injunction, within a time frame to be fixed by this Hon'ble Court, in accordance with law; (Annexure - A1); and/or ALTERNATIVELY, b) Issue a Writ of Certiorari quashing the impugned Order dated 30.04.2026 passed by the Court of the Prl. Senior Civil Judge and JMFC, Channapatana, on the interlocutory application filed by Respondent No. 8 in O.S. No. 04/2026, insofar as it restrains the Petitioners from interfering with the suit schedule property (Annexure -E1)" c) Grant such other consequential reliefs as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case." 2. Prayer (a) is seeking a mandamus directing the trial Court to consider the application that is filed by the petitioners - 5 - HC-KAR NC: 2026:KHC:26197 WP No. 15461 of 2026 seeking temporary injunction within a time frame and prayer (b) is to quash the impugned order dated 30.04.2026 passed by the Court granting injunction on the application filed by respondent No.8/defendant against the plaintiffs. 3. Office has raised objection with regard to the maintainability as the petitioners have a right of appeal before the District Court and instead of that he has come before this Court. 4. Learned counsel appearing for the petitioners submits that the petitioners are not pressing prayer (b) and as far as prayer (a) is concerned, there may be direction to consider the pending I.A. in a time bound manner. This Court is surprised in the manner in which the applications are decided. One application which is filed by the plaintiff seeking injunction is kept pending and an I.A. filed by the defendant seeking injunction was considered and order was passed. In view of the above discussion, this Court is passing the following: ORDER i. The Principal Senior Civil Judge and JMFC, Channapatna, is requested to consider the I.A. - 6 - HC-KAR NC: 2026:KHC:26197 WP No. 15461 of 2026 filed by the petitioners seeking temporary injunction within a period of one month from the date of receipt of copy of this order. ii. This Court is not issuing notice to the respondents as no adverse orders are passed against them. iii. As far as prayer (b) is concerned, liberty is given to the petitioners to avail the appropriate remedy. iv. Accordingly, the writ petition is disposed of. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 13