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2026 DAILYLAW 3482 (KAR)

MYLARAPPA, v. SRI MUDDHAIAH,

WP/8905/2025 · 2026-04-06

H T Narendra Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18441 WP No. 8905 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8905 OF 2025 (GM-CPC) BETWEEN: MYLARAPPA S/O LATE MALLANNA AGED ABOUT 65 YEARS RESIDENT OF GOOBALAGUTTE VILLAGE KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572 129. …PETITIONER (BY SRI. VARUN JAYKUMAR PATIL., ADVOCATE) AND: 1. SRI MUDDHAIAH S/O LATE MARANNA PATERNAL GRANDSON OF LATE MALLANNA AGED ABOUT 48 YEARS R/AT GOOBALAGUTTE VILLAGE KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572 129. 2. SRI MAHALINGALAH S/O LATE MARANNA PATERNAL GRANDSON OF LATE MALLANNA AGED ABOUT 46 YEARS R/AT GOOBALAGUTTE VILLAGE KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572 129. 3. SRI SHIVANNA S/O LATE MARANNA PATERNAL GRAND SON OF LATE MALLANNA Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18441 WP No. 8905 of 2025 AGED ABOUT 44 YEARS R/AT GOOBALAGUTTE VILLAGE KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572 129. 4. SRI PARAMESH S/O LATE MARANNA PATERNAL GRANDSON OF LATE MALLANNA AGED ABOUT 42 YEARS R/AT GOOBALAGUTTE VILLAGE KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572 129. 5. SRI RAVI KUMAR S/O LATE MARANNA PATERNAL GRANDSON OF LATE MALLANNA AGED ABOUT 40 YEARS R/AT GOOBALAGUTTE VILLAGE KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572 129. 6. SMT. NANJAMMA D/O LATE NANJAIAH AGED ABOUT 75 YEARS R/AT GURUVADERAHALLI VILLAGE KASABA HOBLI, MADHUGIRI TALUK TUMAKURU DISTRICT-572 129. 7. SMT. D. USHA W/O SRI D.V.S.S.S.R. VARMA AGED ABOUT 55 YEARS R/AT FLAT NO.205, BLOCK NO.01 HERITAGE ESTATES, YELAHANKA BENGALURU-560 064. …RESPONDENTS (BY SRI.G S BALAGANGADHAR, ADVOCATE FOR R7: R1, R2, R5 AND R6 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 24.07.2024 IN IA NO. I - 3 - HC-KAR NC: 2026:KHC:18441 WP No. 8905 of 2025 AND II IN O.S.NO. 341/2024 PASSED BY THE PRL CIVIL JUDGE AND JMFC MADHUGIRI AT ANNEXURE-A 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 1. In this writ petition, the petitioner–plaintiff has called in question the order dated 24.07.2024 passed by the Principal Civil Judge and JMFC, Madhugiri (hereinafter referred to as the “Trial Court”), in O.S.No.341/2024, whereby the Trial Court did not grant an ex-parte order of injunction on I.A.Nos.I and II filed by the petitioner- plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, but issued emergent notice on the said applications and suit summons to the defendants. 2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court in Original Suit. 3. The plaintiff filed a suit in O.S.No.341/2024 before the Trial Court seeking the reliefs of declaration and injunction. Along with the plaint, the petitioner–plaintiff - 4 - HC-KAR NC: 2026:KHC:18441 WP No. 8905 of 2025 also filed I.A.Nos.I and II under Order XXXIX Rules 1 and 2 of CPC, seeking an ex-parte orders of temporary injunction against the defendants. The Trial Court, by the impugned order dated 24.07.2024, issued emergent notice on the said applications and suit summons to the defendants and refused to grant an ex-parte orders of temporary injunction. Being aggrieved by the same, the petitioner is before this Court. 4. This Court, by order dated 28.03.2025, granted an interim order directing the parties to maintain status-quo, in respect of the suit schedule properties. 5. Since I.A.Nos.I and II filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC are still pending before the Trial Court, and although notice was issued to the defendants by the impugned order dated 24.07.2024, no order has been passed on the said applications, this Court deems it appropriate to dispose of this writ petition with a direction to the Trial Court to consider and dispose of the said applications as expeditiously as possible. - 5 - HC-KAR NC: 2026:KHC:18441 WP No. 8905 of 2025 6. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of I.A.Nos.I and II filed under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, as expeditiously as possible, on or before 30.06.2026. c) Till consideration of I.A.Nos.I and II, the interim order granted by this Court on 28.03.2025 shall continue. d) It is made clear that the Trial Court shall decide the said applications on merits, without being influenced by any observations made in the impugned order. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 54