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2026 DAILYLAW 22396 (KAR)

SRI B S CHANDREGOWDA v. SMT LAKSHMI

WP/15348/2026 · 2026-06-08

Lalitha Kanneganti

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27164 WP No. 15348 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. 15348 OF 2026 (GM-CPC) BETWEEN: SRI B.S.CHANDREGOWDA AGED ABOUT 61 YEARS, S/O SRI. B.N.SHIVARAMEGOWDA RESIDING AT BANAKANAHALLI VILLAGE, VAKKALERI HOBLI, KOLAR TALUK -563 130 …PETITIONER (BY SMT. LAKSHMI MENON, ADVOCATE) AND: 1. SMT. LAKSHMI D/O LATE SUSHEELA AND GRAND DAUGHTER OF LATE PATEL VENKATESHGOWDA NO .32, BDA SCULPTURE PARK, BANASHANKARI 6TH STAGE, 1ST BLOCK, BANGALORE-560 098 2. SMT. VANISHREE W/O LATE VIJAYKUMAR (S/O LATE SUSHEELA AND GRANDSON OF LATE PATEL VENKATESHGOWDA) NO.954, 15TH CROSS, 21ST MAIN ROAD, BANASHANKARI 2ND STAGE, BANGALORE -560 070 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27164 WP No. 15348 of 2026 3. SRL. B.N.CHIDANANDA AGED ABOUT 66 YEARS, S/O LATE NANJUNDEGOWDA, BANAKANAHALLI VILLAGE, VAKKALERI HOBLI, KOLAR TALUK-563 130 4. SRI. B.N.NATARAJ AGED ABOUT 64 YEARS, S/O LATE NANJUNDEGOWDA, BANAKANAHALLI VILLAGE, SRI. VAKKALERI HOBLI, KOLAR TALUK-563 130 5. THE DISTRICT COMMISSIONER KUMBARAHALLI, MULABAGAL ROAD, NH-75, KOLAR-563 101 6. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, NEAR COURT CIRCLE, KOLAR-563 101 7. THE TAHSILDAR, GULPETE, KOLAR, KARNATAKA - 563 101 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR TRIAL COURT RECORDS IN O.S. NO. 303/2026, PENDING ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KOLAR. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27164 WP No. 15348 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioner/plaintiff is before this Court aggrieved by the order passed on I.A.Nos.2/2026 and 3/2026 dated 29.04.2026 in O.S.No.303/2026 by III Additional Senior Civil Judge and JMFC, Kolar. Wherein the trial Court has failed to consider the application filed by the petitioner seeking ex parte injunction and issued summons to the defendants, returnable by 25.06.2026. 2. It is submitted that the petitioner has filed I.A.No.2 seeking direction to maintain status quo and also filed I.A.No.3 under Order XXXIX Rule 1 and 2 restraining the defendant Nos.1 to 4 not to interfere in plaintiff’s possession of suit schedule property. It is submitted that the Court without considering the urgency has issued summons, returnable by 25.06.2026. 3. Considering the fact that the trial Court will hear the matter on 25.06.2026, after the notice has been served on the respondent, this Court is not inclined to go into the merits of the matter, issue notice to the respondents and keep the - 4 - HC-KAR NC: 2026:KHC:27164 WP No. 15348 of 2026 matters pending before the Court, which is not in the interest of the parties. In that view of the matter, this court is passing the following: ORDER i. The trial Court on 25.06.2026 by giving a reasonable opportunity to the respondents/defendants shall consider I.A.Nos.2 and 3 filed by the petitioner expeditiously, but not later than four weeks from 25.06.2026. ii. This Court is not issuing notice to the respondents as no adverse order is passed against them. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 19