Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 343 (KAR)

SRI B L SHANKARAPPA v. SRI B M VIJETHA

WP/9087/2026 · 2026-03-23

H T Narendra Prasad

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16596 WP No. 9087 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 9087 OF 2026 (GM-CPC) BETWEEN: SRI. B.L. SHANKARAPPA S/O LATE B.M. LAKSHMANAPPA AGED ABOUT 75 YEARS R/AT NO.643, 10TH ‘A’ CROSS ROAD 2ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM BENGALURU-560 086 …PETITIONER (BY SRI. SRIKAR KRISHNA B.R FOR SRI. SAMPATH A, ADVOCATES) AND: 1. SRI. B.M. VIJETHA S/O B.L. MANOHAR AGED ABOUT 39 YEARS R/AT NO.114, 4TH 'B' MAIN ROAD MAHALAKSHMI LAYOUT BENGALURU-560 086 2. SMT. B.M. SHWETHA D/O B.L. MANOHAR W/O N. NEERUP KUMAR AGED ABOUT 36 YEARS R/AT NO.128, VAJRAHALLI THALAGHATTAPURA POST BENGALURU-560 109 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16596 WP No. 9087 of 2026 3. SRI. B.M. SUMANTH S/O B.L. MANOHAR AGED ABOUT 28 YEARS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT. ASHA W/O B.L. MANOHAR R/AT NO.114, 4TH ‘B’ MAIN ROAD MAHALAKSHMI LAYOUT BENGALURU-560 086 4. SMT. B.N. ROOPA D/O B.L. NAGARAJ W/O DARSHAN AGED ABOUT 44 YEARS R/AT NO.47, 1ST MAIN, 1ST CROSS KATTIGENAHALLI, YELAHANKA BENGALURU-560 064 5. SMT. B.N. DEEPA D/O B.L. NAGARAJ W/O GOVARDAN AGED ABOUT 40 YEARS R/AT “LAKSHMI VENKATESHWARA NILAYA”, NO.1, 1ST FLOOR 2ND MAIN, 2ND CROSS SHOMESHWARANAGAR JAYANAGAR 1ST BLOCK BENGALURU-560 011 6. SRI. B.L. NAGARAJU S/O LATE B.M. LAKSHMANAPPA AGED ABOUT 67 YEARS R/AT NO.40/19-B, 4TH CROSS GANESHA BLOCK, MAHALAKSHMI LAYOUT FURTHER EXTENSION BENGALURU-560 086 7. SRI. B.L. MANOHAR S/O LATE B.M. LAKSHMANAPPA - 3 - HC-KAR NC: 2026:KHC:16596 WP No. 9087 of 2026 AGED ABOUT 63 YEARS R/AT NO.114, 4TH ‘B’ MAIN ROAD MAHALAKSHMI LAYOUT FURTHER EXTENSION BENGALURU-560 086 8. SMT. L. SUSHEELAMMA D/O LATE B.M. LAKSHMANAPPA W/O G. NAGENDRA AGED ABOUT 72 YEARS R/AT NO.180, 3RD CROSS SOMESHWARA LAYOUT, HALASURU BENGALURU-560 008 9. SMT. L. UMADEVI D/O LATE B.M. LAKSHMANAPPA W/O M. MUNIRAJU AGED ABOUT 69 YEARS R/AT NO. 179, GEDDALAHALLI NEAR BDA PARK, SANJAYNAGAR BENGALURU-560 094 10. SRI. J. SUDHEER S/O B. JAYARAM AND LATE SMT. L. GANGADEVI AGED ABOUT 50 YEARS R/AT NO.304, 9TH 'B' CROSS ANJANEYASWAMY TEMPLE VIRUPAKSHAPURA, KODIGEHALLI VIDYARANYAPURA POST BENGALURU-560 097 11. SMT. J. SUNITHA D/O B. JARAYAM AND LATE SMT. L. GANGADEVI W/O. C.N. DRISHNAN AGED ABOUT 52 YEARS R/AT NO. 1695, PAVANAGANGA ‘C’ BLOCK, ANJANI EXTENSION - 4 - HC-KAR NC: 2026:KHC:16596 WP No. 9087 of 2026 CHINTAMANI-563 125 CHIKKABALLAPURA DISTRICT 12. SMT. V. PADMAVATHI W/O B.L. SHANKARAPPA AGED ABOUT 64 YEARS 13. SRI. B.S. ANIL KUMAR W/O B.L. SHANKARAPPA AGED ABOUT 42 YEARS RESPONDENT NOs.12 AND 13 ARE R/AT NO.643, 10TH ‘A’ CROSS ROAD 2ND STAGE, WEST OF CHORD ROAD MAHALAKSHMIPURAM BENGALURU-560 086 14. SMT. B.S. SAVITHA D/O B.L. SHANKARAPPA W/O S. SRIDHAR AGED ABOUT 46 YEARS R/AT NO.462, 18TH MAIN 80 FT. ROAD, IDEAL HOMES LAYOUT RAJARAJESHWARINAGARA BENGALURU-560 086 15. SMT. B.S. SANGEETHA D/O. B.L. SHANKARAPPA AGED ABOUT 40 YEARS R/AT NO.9, 2ND BLOCK 2ND CROSS, 80 FT. ROAD H.R.B.R. LAYOUT, BANASWADI BENGALURU-560 043 16. M/S. SKYMETAL DEVELOPERS PVT. LTD., REPRESENTED BY KAILASH CHANDRAMISHRA REGISTERED OFFICE NO.G-27 GROUND FLOOR, RASVILAS SALCON MALL - 5 - HC-KAR NC: 2026:KHC:16596 WP No. 9087 of 2026 SAKAT DISTRICT CENTRE SAKET, DELHI-110 017 17. SRI S.S. NANDY S/O. R.R. NANDY AGED ABOUT 67 YEARS R/AT NO.137/138, UDAYNAGAR 2ND MAIN, 5TH CROSS BENGALURU-560 064 18. M/S. BHUWALKA AND SONS PVT. LTD. CO., REGISTERED OFFICE AT BHUWALKA LANDMARK, NO.5, WALKER LANE LANGFORD TOWN ROAD RICHMOND TOWN BENGALURU-560 025 REPRESENTED BY ITS DIRECTOR SRI. KISHEN BHUWALKA AGED ABOUT 60 YEARS S/O BALCHAND BHUWALKA R/AT NO.214, DOUBLE ROAD INDIRANAGAR, 2ND STAGE BENGALURU-560 038 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED FIRST ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-2) BENGALURU TO PASS ORDERS ON IA NO. I, VIDE ANNX-D FILED IN O.S NO. 5266/2022 AT THE EARLIEST, NOT LATER THAN ONE MONTH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 6 - HC-KAR NC: 2026:KHC:16596 WP No. 9087 of 2026 ORAL ORDER This writ petition is filed by defendant No.1 under Article 227 of the Constitution of India, seeking a direction to the trial Court to dispose of the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 r/w. Section 151 of the Code of Civil Procedure, as well as the application filed by the petitioner/defendant No. 1 under Order XXXIX Rule 4 of the CPC. 2. The plaintiffs have filed a suit in O.S. No. 5266/2022 for partition and separate possession. Along with the plaint, they filed applications under Order XXXIX Rules 1 and 2 seeking ex parte temporary injunction. The trial Court, by order dated 16.08.2022, granted an ex- parte temporary injunction to the extent of IA No.1. 3. Upon appearance, defendant No. 12 filed a written statement and also filed I.A. No. 3 seeking to vacate the ex-parte interim order. For one reason or another, the matter has been adjourned repeatedly. Thereafter, the - 7 - HC-KAR NC: 2026:KHC:16596 WP No. 9087 of 2026 matter was heard on the applications, and by order dated 06.11.2025, it was posted for orders on I.A. Nos. 1 to 3 and directed to be listed on 20.11.2025. However, for various reasons, the matter has continued to be adjourned, and no order has been passed on I.A. Nos. 1 to 3. Therefore, the petitioner seeks early disposal of the applications. 4. In view of the above, without expressing any opinion on the merits of the case, this writ petition stands disposed of with a direction to the trial Court to dispose of I.A. Nos. 1 to 3 by the end of April 2026. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 39