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2026 DAILYLAW 2158 (KAR)

DR. JAYASHEELA PILLAI v. DR. JAYAMALA PILLAI

WP/7199/2026 · 2026-03-03

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:12886 WP No. 7199 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 7199 OF 2026 (GM-CPC) BETWEEN: DR. JAYASHEELA PILLAI AGED ABOUT 64 YEARS D/O LATE SRI K. P. PILLAI R/ AT NO.32, VITTAL MALLYA ROAD BANGALORE-560 001. …PETITIONER (BY SRI. CHIDANANDA P. SOMANNA., ADVOCATE) AND: DR. JAYAMALA PILLAI AGED ABOUT 60 YEARS D/O LATE SRI K. P. PILLAI W/O DR. PREM SHEKAR R/AT NO. 4, MELODY LANE LYNNFIELD, MA 01940 REP. BY HER GPA HOLDER SUDHINDRA K …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS APPROPRIATE ORDERS OR ISSUE NECESSARY DIRECTIONS TO HON'BLE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU TO CONSIDER I.A. NO.1 (ANNEXURE-C) ALONG WITH AND IN LIGHT OF I.A. NO.3 (ANNEXURE-E) AND ADDITIONAL AFFIDAVIT TO I.A. NO.1 (ANNEXURE-F) IN O.S. NO. 7678/2025 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 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12886 WP No. 7199 of 2026 ORAL ORDER 1. In this writ petition, the petitioner sought for the following reliefs: a) Pass appropriate orders or issue necessary directions to Hon’ble XXII Additional City Civil and Sessions Judge, Bengaluur to consider I.A.No.1(Annexure-C) along with and in the light of I.A.No.3 (Annexure-E) and additional affidavit to I.A.No.1 (Annexure-F) in O.S.No.7678/2025; and b) Pass such other or further orders as this Hon’ble Court may deem fit in the facts and circumstances of the case and in the interests of justice and equity. 2. In view of the reliefs sought in this petition, notice to respondent is dispensed with. 3. Petitioner-plaintiff filed a suit in O.S.No.7678/2025 before the Addl. City Civil and Sessions Judge, Bengaluru, seeking relief of partition and separate possession. Along with the plaint, plaintiff filed I.A.No.1 under Order XXXIX Rule 1 and 2 of CPC seeking an order of temporary - 3 - HC-KAR NC: 2026:KHC:12886 WP No. 7199 of 2026 injunction restraining the defendant from alienating, encumbering, creating third party rights or interests over the suit schedule property. The Trial Court, by order dated 13.11.2025 granted an ad-interim exparte order of temporary injunction. Challenging the exparte order of temporary injunction, respondent/defendant filed W.P.No.1064/2026 before this Court. This Court, by order dated 12.02.2026 disposed of the writ petition directing the Trial Court to dispose of the I.A.No.1 filed by the plaintiff in O.S.No.7678/2025 within a period of one month from 17.02.2026. Subsequently, petitioner/plaintiff filed I.A.No.3 under Order VI Rule 17 of CPC seeking for amendment of the plaint. 4. The learned counsel for the petitioner-plaintiff submitted that the Trial Court may be directed to consider I.A.No.3 along with the I.A.No.1. 5. In view of the above, without expressing any opinion on the merits of the case, the Trial Court is directed to - 4 - HC-KAR NC: 2026:KHC:12886 WP No. 7199 of 2026 consider I.A.No.3 filed under Order VI Rule 17 of CPC along with I.A.No.1 filed under Order XXXIX Rule 1 and 2 of CPC and the additional affidavit filed to I.A.No.1, as expeditiously as possible. 6. All pending I.As., if any, in this writ petition are disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 17