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2026 DAILYLAW 36809 (KAR)

M/S VJ FITNESS AND RETREATS v. MR KIRAN KUMAR K N @ CHARITH

WP/15191/2026 · 2026-08-28

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010335612026 NC: 2026:KHC:46541 WP No. 15191 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15191 OF 2026 (GM-CPC) BETWEEN: M/S VJ FITNESS AND RETREATS PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.2, 1ST FLOOR, ITI LAYOUT KATHRIGUPPE MAIN ROAD BENGALURU - 560085. REP. BY ITS ACCOUNTS MANAGER SRI. C.G. PRAJWAL S/O SRI.C.M GOPAL AGED ABOUT 33 YEARS. …PETITIONER (BY SRI. SRINIVAS.A.R., ADVOCATE) AND: 1. MR KIRAN KUMAR K N @ CHARITH S/O NAGARAJU K. P AGED ABOUT 35 YEARS R/AT KALIHUNDI, SARAGURU HOBLI HD KOTE TALUK, MYSORE DISTRICT-571125. ALSO AT AT SURVEY NO. 12 KURUBARAHALLI DODDI AVVERAHALLI POST RAMANAGARA-562159. 2. MR. A.R. KRISHNA FILM DIRECTOR S/O BASAVARAJU AGED ABOUT 32 YEARS R/AT KURUGODU VILLAGE & TALUK Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010335612026 NC: 2026:KHC:46541 WP No. 15191 of 2026 BALLARY DISTRICT - 583116. ALSO AT AT SURVEY NO.12 KURUBARAHALLI DODDI AVVERAHALLI POST RAMANAGARA-562159. 3. COWBOY FITNESS CLUB JAI SHRI RAM REP. BY RESPONDENT NOS.1 AND 2 AT SURVEY NO.12, KURUBARAHALLI DODDI AVVERAHALLI POST RAMANAGARA-562159. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 22/04/2026 IN ISSUING EMERGENT NOTICE TO THE RESPONDENT IN O.S.NO.107/2026 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, RAMANAGARA, AND CONSEQUENTLY ALLOW THE APPLICATION (I.A. NO.1/2026) AS PER ANNEXURE-C 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 ORAL ORDER 1. This writ petition is filed by the petitioner-plaintiff challenging the order dated 22.04.2026 passed by the Prl. Civil Judge and JMFC, Ramanagara, (for short ‘Trial Court’) in O.S.No.107/2026, whereby the Trial Court has refused to grant an exparte order of temporary injunction. - 3 - HC-KAR CNR: KAHC010335612026 NC: 2026:KHC:46541 WP No. 15191 of 2026 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff filed a suit i.e., O.S.No.107/2026 before the Trial Court seeking relief of permanent injunction. Along with the suit, plaintiff also filed I.A.No.1 under Order XXXIX Rule 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court, by impugned order dated 22.04.2026 has issued summons to the defendants and refused to grant an exparte order of temporary injunction. Being aggrieved by the same, the present writ petition is filed. 4. The learned counsel for the petitioner submits that now the respondents have been served and represented through counsel before the Trial Court. - 4 - HC-KAR CNR: KAHC010335612026 NC: 2026:KHC:46541 WP No. 15191 of 2026 5. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible. 6. Accordingly, the following order is passed: ORDER a) Writ petition is disposed of. b) The Trial Court is directed to dispose of the application filed under Order XXXIX Rule 1 and 2 of CPC in accordance with law, on or before 30th September 2026. c) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 7