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2026 DAILYLAW 2594 (KAR)

M/S ASHOKA CORPORATION v. MRS RAJANI FRANCIS

WP/29328/2025 · 2026-04-07

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.29328 OF 2025 (GM-CPC) BETWEEN: 1. M/S. ASHOKA CORPORATION A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF THE INDIAN PARTNERSHIP ACT, 1932 AND REPRESENTED BY ITS MANAGING PARTNER, MR.K.KURIAN. NO.4, MAIN GUARD CROSS ROAD, BANGALORE 560 001. PRESENTLY AT F-19, GOLDEN ORCHID, 10/8, KASTURBA ROAD, BANGALORE-560 001. 2. MR. K.KURIAN, SON OF K.RAJU, AGED ABOUT 51 YEARS, MANAGING PARTNER M/S. ASHOKA CORPORATION. NO.16/15, BINNY CRESENT BENSON TOWN, BENGALURU-560 046. 3. MR. JOHN KURIAN, SON OF K.RAJU, AGED ABOUT 51 YEARS, MANAGING PARTNER M/S. ASHOKA CORPORATION, NO.17/19, SPENCER ROAD, 1ST CROSS, FRAZER TOWN, BENGALURU 560 005. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 4. MR. PRAMOD KURIAN S/O. K.KORAH, AGED ABOUT 64 YEARS, PARTNER M/S. ASHOKA CORPORATION, NO.9, LANGFORD GARDENS, BENGALURU 560 025. …PETITIONERS (BY SRI. UNNIKRISHNAN M., ADVOCATE) AND: 1. MRS. RAJANI FRANCIS W/O. EDWIN FRANCIS, AGED ABOUT 74 YEARS, RESIDING AT NO.64, NANDIDURG ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046. 2. MR. R.G. LOGANATHAN SON OF MAJOR R. GOVINDASWAMY MAJOR IN AGE, AT NO.64, NANDIDURG ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046. 3. BRIGADIER RAVI LOGANATHAN S/O. LATE R.G.LOGANATHAN, MAJOR IN AGE, AT NO.64, NANDIDURG ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046. 4. MRS. MALA MAHADEVAN, D/O. LATE R.G.LOGANATHAN, MAJOR IN AGE, AT NO.64, NANDIDURG ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046. - 3 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 5. MRS. JAYANTHI LOGANATHAN, D/O. LATE R.G.LOGANATHAN, AGED ABOUT 64 YEARS, AT NO.64, NANDIDURG ROAD, JAYAMAHAL EXTENSION, BENGALURU-560 046. 6. MRS. SAROJINI GOKULANATHAN, WIFE OF LATE CAPT. G. GOKULANATHAN, AGED ABOUT 79 YEARS, RESIDING AT NO.145, CHARLES CAMPBELL ROAD, COX TOWN, JEEVANAHALLI, BENGALURU-560 005. 7. MR. VINOD SUBRAMANI, SON OF LATE CAPT. G. GOKULANATHAN, AGED ABOUT 51 YEARS, RESIDING AT NO.145, CHARLES CAMPBELL ROAD, COX TOWN, JEEVANAHALLI, BENGALURU-560 005. 8. MR. K. RAJESH NAIDU, AGED ABOUT 45 YEARS, SON OF LATE SRI.K.BALARAJA NAIDU, RESIDING AT NO.54040-541, PDV KANDIGAA, NALAGAMPALLE, CHITTOOR, ANDHRA PRADESH-517 416. 9. SRI. OBILI SAI NATHA REDDY, S/O. O. LAKSHMANA REDDY, AGED ABOUT 44 YEARS, RESIDING AT MITTA MIDA PALLI, PEDDAGOTTIGALLY, CHITTOOR, ANDHRA PRADESH-517 192. 10. SRI. SATHISH.S., SON OF K. SRINIVAS, - 4 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 AGED ABOUT 45 YEARS, RESIDING AT NO.116, NEAR GOVT. PRIMARY SCHOOL, BELTHUR VILLAGE, BIDARAHALLI HOBLI, BENGALURU 560 067. 11. SRI. N.CHANDRASHEKAR, SON OF NAGARAJ, AGED ABOUT 54 YEARS, RESIDING AT NO.414, SRI. MARUTHI LAYOUT, BELTHUR VILLAGE, KADUGODI POST, BANGALORE-560 067. 12. SRI. N.RAMESH, SON OF LATE NARAYANAPPA @ SATHYANARAYANAPPA, AGED ABOUT 45 YEARS, RESIDING AT BELTHUR VILLAGE, BIDARAHALLI HOBLI, KADUGODI POST, BANGALORE EAST TALUK. 13. SRI. DAYANAND GOWDA M.C., S/O. CHANDRE GOWDA, AGED ABOUT 27 YEARS, RESIDING AT GANDLAHALLI VILLAGE AND POST, KASABA HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 126. …RESPONDENTS (BY SRI. DAYANANDA K.G., ADVOCATE FOR R10 TO R13; R7 – SERVED, VIDE ORDER DATED 14.10.2025, NOTICE TO R1 TO R5 IS DISPENSED WITH) - 5 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT/S BY SETTING ASIDE THE ORDER OF THE HON’BLE VACATION JUDGE, PRESENTLY HON’BLE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BANGALORE RURAL DISTRICT, DATED 20.05.2025 REFERRING TO GRANT EXPARTE ORDER OF INJUNCTION BY ISSUING EMERGENT NOTICE TO THE RESPONDENTS I.E, ANNEXURE-A AND CONSEQUENTLY GRANT AN ORDER OF INJUNCTION RESTRAINING THE RESPONDENTS NO.8 TO 13, THEIR LEGAL HEIRS, HENCHMEN, REPRESENTATIVES, ADMINISTRATORS, AND ASSIGNS ETC., FROM INTERFERING WITH THE PEACEFUL POSSESSION OF THE PETITIONERS OVER THE SCHEDULE PROPERTY TILL DISPOSAL OF THE ORIGINAL SUIT NO.948/2025 PENDING BEFORE THE HON’BLE VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BANGALORE RURAL DISTRICT AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Articles 226 and 227 of the Constitution of India, challenging the order dated 20.05.2025, whereby the trial Court refused to grant an ex-parte order of injunction in O.S.No.948/2025 and has only issued suit summons to the defendants. - 6 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 2. For the sake of convenience, the parties are referred to in accordance with their ranking before the trial Court. 3. The plaintiffs have instituted a suit in O.S. No.948/2025, seeking declaration and injunction. Along with the plaint, they have filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, “CPC”), seeking temporary injunction against the defendants. The trial Court refused to grant an ex-parte order of injunction and instead issued suit summons to the defendants. Being aggrieved, the plaintiffs are before this Court. 4. This Court, by order dated 14.10.2025, granted an interim order in favour of the petitioners/plaintiffs. 5. The learned counsel for the respondents/ defendants submits that the defendants have now appeared through counsel before the trial Court and have filed their written statement. Based on the pleadings of the - 7 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 parties, the trial Court has framed issues, the parties have adduced their evidence, and the trial has commenced. 6. It is further submitted by the respondents that, in respect of the very same suit, this Court, in W.P.No.2236/2026 disposed of on 29.01.2026, directed the trial Court to dispose of the suit within one year from the date of receipt of a certified copy of the said order. 7. Under these circumstances, the only relief that can be granted in this writ petition is to direct the parties to maintain status-quo in respect of the suit schedule property till disposal of the suit and to direct the trial court to dispose of the suit expeditiously. 8. In view of the above, the following order is passed: (i) The writ petition stands disposed of. - 8 - HC-KAR NC: 2026:KHC:19024 WP No. 29328 of 2025 (ii) The parties are directed to maintain status- quo in respect of the suit schedule property till disposal of the suit. (iii) In terms of the directions issued by this Court in W.P.No.2236/2026, disposed of on 29.01.2026, the trial Court shall dispose of the suit within one year as ordered in W.P.No.2236/2026. (iv) The trial Court shall dispose of the suit in accordance with law, on its own merits, without being influenced by any observations made by this Court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 59