Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 21231 (KAR)

SMT. YASHODA N RAI v. M/S CHILDRENS CORNER

WP/16621/2026 · 2026-06-08

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27161 WP No. 16621 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.16621 OF 2026 (GM-CPC) BETWEEN: 1. SMT. YASHODA N RAI, W/O LATE. NARAYANA T RAI, AGED ABOUT 73 YEARS, R/A POUND GARDEN, BEHIND CITY HOSPITAL, KADRI, MANGALORE - 575 003. 2. SRI. ADITYA N RAI, S/O LATE NARAYANA T RAI, AGED ABOUT 46 YEARS, R/A POUND GARDEN, BEHIND CITY HOSPITAL, KADRI, MANGALORE - 575 003. 3. THE CHILDREN'S CORNER, A PARTNERSHIP FIRM, REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, REPRESENTED BY ITS PARTNERS PETITIONER NO.1 AND 2 SMT. YASHODA N RAI, SRI. ADITYA N RAI, POUND GARDEN, BEHIND CITY HOSPITAL, KADRI, MANGALORE - 575 003. …PETITIONERS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27161 WP No. 16621 of 2026 AND: 1. M/S. CHILDREN'S CORNER, A PARTNERSHIP FIRM, REPT., BY ITS PARTNER, SMT. NISHALI RAI, PLAINTIFF NO.2 INFRA, HAVING ITS OFFICE AT HOTEL ROOPA BUILDING, VALMATTA ROAD, MANGALORE - 575 001. 2. SMT. NISHALI RAI, W/O ASHWIN SHETTY, D/O SMT. YASHODA N RAI AND LATE. NARAYANA T RAI, AGED ABOUT 48 YEARS, PARTNER, M/S CHILDREN'S CORNER, A PARTNERSHIP FIRM, R/A PLANET S.K.S KADRI HILLS, FLAT NO. 904, 9TH FLOOR, MANGALORE - 575 004. …RESPONDENTS (BY SMT.ARUNA BHAT, ADVOCATE FOR C/R1 AND R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 30.04.2026 ON IA NO.2/2026 IN COM OS NO. 152/2026 PASSED BY THE COURT OF I ADDL. DISTRICT JUDGE D.K. MANGALORE (ANNX-M) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:27161 WP No. 16621 of 2026 ORAL ORDER The present writ petition is filed questioning the order passed on I.A.No.II in Com.O.S.No.152/2026 dated 30.04.2026 by the I Additional District Judge, D.K., Mangaluru. 2. The Office has raised an objection with regard to the maintainability. Learned counsel for the petitioners submit that an ex-parte order is passed by the trial Court without giving any finding with regard to the prima-facie case, balance of convenience and the irreparable loss. Hence, the petitioners have approached this Court. 3. Learned counsel appearing for the respondents submits that the writ petition before this Court is not maintainable. Further submits that they have received the writ petition papers today. 4. Having heard the learned counsels on either side, perused the material on record. The petitioners have already filed I.A.No.3 seeking to vacate the interim order. - 4 - HC-KAR NC: 2026:KHC:27161 WP No. 16621 of 2026 In this matter, a notice is issued returnable by 02.06.2026. Considering the same, this Court is not inclined to go into the merits of the matter and deems it appropriate to direct the trial Court to expeditiously decide the matter. Accordingly, this Court is passing the following: ORDER (i) Accordingly, the writ petition is disposed of directing the trial Court to decide the pending I.A.No.II within a period of one month from the date of receipt of copy of this order. (ii) All IAs in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMJ List No.: 1 Sl No.: 6